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Madden v. State

Court of Appeals of Indiana

February 4, 2015

Chad A. Madden, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 792

Appeal from the Jefferson Superior Court. The Honorable Alison T. Frazier, Judge. Cause No. 39D01-1206-FB-721.

ATTORNEY FOR APPELLANT: Jason J. Pattison, Jenner Pattison Hensley & Wynn, LLP, Madison, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Brian Reitz, Deputy Attorney General, Indianapolis, Indiana.

Mathias, Judge. Crone, J., concurs. Riley, J., dissents with opinion.

OPINION

Page 793

Mathias, Judge.

[¶ 1] Chad A. Madden (" Madden" ) appeals the order of the Jefferson Superior Court denying his motion to correct error which claimed that the trial court had improperly delegated to the Community Corrections program the authority to decide whether Madden should be subject to electronic monitoring.

[¶ 2] We affirm.

Facts and Procedural History

[¶ 3] On June 28, 2011, pursuant to a plea agreement, Madden pled guilty to one count of Class D felony receiving stolen property in Cause No. 39D01-1006-FB-487 (" Cause No. 487" ). The trial court accepted the plea agreement and imposed a three-year suspended sentence. Nine months later, on March 13, 2012, the State charged Madden with one count of Class A misdemeanor check deception in Cause No. 39D01-1203-CM-305 (" Cause No. 305" ).

[¶ 4] On June 7, 2012--at which time Madden was on probation in Cause No. 487, and his charges under Cause No. 305 were pending--security cameras recorded him stealing several cartons of cigarettes from a gas station in Hanover, Indiana. The next day, when police officers attempted to arrest Madden, he fled on foot and, after a brief chase, had to be subdued with a taser. After Madden was apprehended, the police discovered methamphetamine and methadone in his possession. Accordingly, on June 11, 2012, the State charged Madden in Cause No. 39D01-1206-FB-721 (" Cause No. 721" ) as follows: Count I, Class B felony possession of methamphetamine; Count II, Class C felony possession of a controlled substance; Count III, Class D felony theft; Count IV, Class A misdemeanor resisting law enforcement; and Count V, Class A misdemeanor possession of paraphernalia. In addition, the State filed a petition to revoke Madden's probation in Cause No. 487.

[¶ 5] On March 6, 2013, Madden entered into a plea agreement with the State whereby he pleaded guilty to the reduced charge of Class D felony possession of methamphetamine in Cause No. 721, Class A misdemeanor check deception in Cause No. 305, and admitted that he violated his probation in Cause No. 487. The trial court accepted the plea agreement and, per its terms, sentenced Madden to three years for possession of methamphetamine, one year for check deception, and reinstated his three-year suspended sentence for the probation violation--all to be fully executed and served consecutively. In accordance with the plea agreement, the trial court also referred Madden to the " Purposeful Incarceration" program, with the recommendation that he be placed in the Therapeutic Community Program (" TCP" ) at Branchville Correctional Facility. The Department of Correction (" DOC" ) subsequently assigned Madden to Branchville, and on April 22, 2013, he enrolled in the TCP.

[¶ 6] Another provision of the plea agreement stipulated that upon his successful completion of the TCP, Madden could petition the trial court for a sentence modification. On December 18, 2013, Madden filed a petition to modify his sentence based on his completion of the TCP program. The trial court held a hearing on Madden's sentence modification petition on February 19, 2014, and issued an order that same day granting the petition. In its sentence modification order, the trial court found that the sentences under Cause No. 487 and Cause No. 305 had been fully

Page 794

served. The court then suspended the remaining sentence under Cause No. 721 to supervised probation. The trial court also ordered Madden:

to report to the Jefferson County Community Corrections Department as a specific term of probation with determination of appropriate program to be made by the Community Corrections Department, and shall include all other terms of probation as outlined in the Terms of Supervised Probation With Community Corrections Placement prepared by the Court, read to the defendant at this hearing, and filed in this matter.

[¶ 7] Appellant's App. p. 98. In relevant part, the Terms of Probation instructed Madden to:

14. comply with all rules for Community Corrections placement, including but not limited to " component rules", and with any program recommended or required by Community Corrections, including electronic monitoring, day reporting, counseling, and educational programs[.] [I]n the event that [C]ommunity Corrections recommends or requires electronic monitoring, the following conditions and terms apply:
15. . . . be confined to home at all times except when the defendant is
a. working at employment approved by the Court or traveling to or ...

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