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Jackson v. State

Court of Appeals of Indiana

March 31, 2015

Jacqueline A. Jackson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 152

Appeal from the Howard Superior Court. The Honorable William C. Menges, Jr., Judge. Cause No. 34D01-1201-FB-30.

ATTORNEY FOR APPELLANT: Derick W. Steel, Deputy Public Defender, Kokomo, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Eric P. Babbs, Deputy Attorney General, Indianapolis, Indiana.

Najam, Judge. Mathias, J., concurs. Bradford, Judge, dissenting.

OPINION

Page 153

Najam, Judge.

Statement of the Case

[¶ 1] Jacqueline Jackson appeals the trial court's revocation of her probation. Jackson raises a single issue for our review, namely, whether the State presented sufficient evidence to support the revocation of her probation. We reverse.

Facts and Procedural History

[¶ 2] On October 10, 2012, Jackson pleaded guilty to neglect of a dependent, as a Class D felony. The trial court sentenced Jackson to 548 days, with eighteen days executed and 530 days suspended to probation. One condition of her probation read as follows: " Violation of any law (city, state, or federal) is a violation of your probation; within forty-eight (48) hours of being arrested or charged with a new criminal offense, you must contact your Probation Officer." Appellant's App. at 30.

[¶ 3] While on probation, on February 19, 2014, Jackson was arrested and charged with having committed child molesting in January 2012, before she had been sentenced and placed on probation in the instant matter. Jackson did not notify her probation officer about her arrest until thirty days later. In the meantime, on March 7, 2014, the State filed a notice of probation violation alleging only that Jackson did not timely notify her probation officer about her February 19 arrest.

[¶ 4] On August 28, 2014, the court held a fact-finding hearing on the State's notice of probation violation. Jackson's probation officer, Jeremie Lovell, testified that Jackson did not notify him of the arrest until thirty days after the arrest had occurred, and Jackson did not dispute that testimony. Lovell also testified that Jackson did not commit a new crime while on probation. Nonetheless, the State argued that Jackson was required to notify Lovell " within 48 hours of being arrested" regardless of when the alleged offense had occurred. Tr. at 19. But Jackson argued that she was only required to notify Lovell of any arrests arising from criminal offenses she had committed during the probationary term. Thus, Jackson alleged that she had not violated her probation.

[¶ 5] At the conclusion of the fact-finding hearing, the trial court found that Jackson had violated the condition of her probation as alleged in the State's notice of probation violation. Accordingly, the court revoked Jackson's probation and ordered her to serve 194 days in the Department of Correction. The trial court also ordered Jackson ...


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