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Hill v. State

Court of Appeals of Indiana

March 31, 2015

Tyree Hill, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Marion Superior Court. The Honorable Gary L. Miller, Judge. Cause No. 49G21-1307-FD-47406.

ATTORNEY FOR APPELLANT: Jay Rodia, Indianapolis, Indiana.

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

Najam, Judge. Mathias, J., and Bradford, J., concur.

OPINION

Page 349

Najam, Judge.

Statement of the Case

[¶ 1] Tyree Hill appeals the trial court's order for him to serve the entirety of his original sentence in the Department of Correction (" DOC" ) following the court's revocation of his placement on home detention. Hill raises a single issue for our review, namely, whether the trial court abused its discretion when it resentenced him without expressly taking into account evidence that Hill claims demonstrates that he has a mental disability. We reject this argument on appeal. However, because it is clear from the face of the trial court's sentencing order that it erred when it ordered Hill to serve the entirety of his previously suspended sentence in the DOC without credit for the time Hill had served on home detention, we reverse and remand for resentencing.

Facts and Procedural History

[¶ 2] On September 26, 2013, Hill pleaded guilty to strangulation, a Class D felony, and resisting law enforcement, as a Class A misdemeanor. Pursuant to the terms of his plea agreement, the trial court sentenced Hill to 730 days on home detention with GPS monitoring, which were to be served through the Marion County Community Corrections program. According to the conditions of his placement on home detention, Hill was not permitted to leave his residence except for traveling to and from a fixed location for employment or if Hill had received permission from his case manager at least forty-eight hours beforehand.

[¶ 3] On February 7, 2014, Troy Blazier, Hill's case manager, discussed with Hill several unapproved absences Hill had committed, and Blazier formally warned Hill that he must not leave his residence without permission. Nonetheless, on July 11, Blazier received an alert that Hill had left his residence without permission. On July 12, Blazier received another alert. [4] On July 15, the State filed a notice of community corrections violation against Hill. The trial court held a hearing on the notice on August 13. At that hearing, Hill's sister, Terrin York, testified that Hill suffers from " a mental disability. He has a shunt in his head . . . to help him function and [to] keep water off his brain." Tr. at 12. But Hill had informed Blazier that his absence on July 11 was due to a trip to the grocery store, and his absence on July 12 was to attend a family reunion.

[¶ 4] The trial court found that Hill violated the terms of his home detention when he left his residence for unapproved reasons on July 11 and July 12. Accordingly, the court revoked Hill's placement in home detention. The court then addressed the proper amount of credit time to which Hill was entitled, as follows:

Well, because of that other case, I don't know whether he's entitled to credit time on this case or not. I can't tell from the orders. . . . Under the circumstances, we will show that placement at Community Corrections is revoked. The balance of the sentence will be imposed. . . . That will be, at least, 730 days at the [DOC], less whatever credit you are legally entitled to.

Id. at 29-30. However, in its ensuing written sentencing order, the trial court ordered Hill to serve his entire original 730-day sentence in the DOC, with only sixteen days of credit time awarded. Those sixteen days reflected Hill's actual days incarcerated ...


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