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Cain v. State

Court of Appeals of Indiana

March 18, 2015

Joshua E. Cain, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 729

Court of Appeals Case No. 02A03-1407-CR-260. Appeal from the Allen Superior Court. The Honorable Samuel R. Keirns Magistrate. Cause No. 02D04-0911-FA-70.

ATTORNEY FOR APPELLANT: Gregory L. Fumarolo, Fort Wayne, Indiana.

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

Sharpnack, Senior Judge. Mathias, J., and Crone, J., concur.

OPINION

Page 730

Sharpnack, Senior Judge

Statement of the Case

[¶1] Joshua E. Cain appeals from the trial court's order revoking his suspended sentence and ordering him to serve five years in the Department of Correction, contending that the trial court abused its discretion by revoking his suspended sentence based solely upon his admission to the probation violations. We affirm.

Issue

[¶2] Whether Cain's statements to his probation officer admitting the probation violation can be the sole basis supporting the revocation of his probation.

Facts and Procedural History

[¶3] On March 11, 2010, Cain pleaded guilty to child molesting as a Class B felony and child solicitation as a Class D felony. Pursuant to the terms of the plea agreement, Cain was sentenced to an aggregate term of fifteen years, with ten years executed in the Department of Correction and five years suspended to probation. After completing the executed portion of his sentence, Cain began the probationary term of his sentence on November 18, 2013. The terms of Cain's probation included the following condition:

9. You shall have no contact with any child under the age of eighteen (18). Contact includes face-to-face, telephone, written, electronic, or ...

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