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Shelton v. State

Court of Appeals of Indiana

February 27, 2015

Tyrone Shelton, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 1039

Appeal from the St. Joseph Superior Court. The Honorable Jane Woodward Miller, Judge. Cause No. 71D01-0701-FC-22.

ATTORNEY FOR APPELLANT: Thomas P. Keller, South Bend, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Ian McLean, Deputy Attorney General, Indianapolis, Indiana.

Riley, Judge. Vaidik, C.J. and Baker, J. concur.

OPINION

Page 1040

Riley, Judge.

STATEMENT OF THE CASE

[¶ 1] Appellant-Defendant, Tyrone D. Shelton, Jr. (Shelton), appeals his conviction of Count I, possession of marijuana, a Class A misdemeanor, Ind. Code § 35-48-4-11 (2006); Count II, possession of cocaine, a Class C felony, I.C. § 35-48-4-6(b)(1) (2006); and Count III, possession of a Schedule I controlled substance, a Class D felony, I.C. § 35-48-4-7(a) (2006).

[¶ 2] We affirm.

ISSUE

[¶ 3] Shelton raises one issue on appeal, which we restate as follows: Whether the trial court abused its discretion by admitting evidence that was seized during the course of a warrantless search.

FACTS AND PROCEDURAL HISTORY

[¶ 4] In 2004, following his conviction of Class A felony cocaine possession, Shelton received a twenty-year sentence. As an alternative to incarceration in the Indiana Department of Correction (DOC), the trial court ordered Shelton to serve his sentence in the DuComb Community Corrections of St. Joseph County (Community Corrections) in South Bend, Indiana. As a condition of his home detention/work release, Shelton was outfitted with an electronic monitoring device and required to report daily to his case manager, Judi Ross (Case Manager Ross).

[¶ 5] On July 7, 2006, Shelton entered into a contract with Community Corrections, whereby he agreed to the terms governing his home detention. In part, Shelton " [c]onsent[ed] to allow [Community Corrections] staff and/or law enforcement officers to enter [his] residence at any time, without prior notice or warrant, to make reasonable inquiry into the activities of the residents of the home or assist in investigations of rule violations." (State's Exh. 1). He further " [a]gree[d] to submit to searches of person, residence, vehicle, or ...


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