Mary K. Davis, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff
As Corrected June 4, 2015.
Appeal from the Elkhart Superior Court; The Honorable George Biddlecome, Judge; 20D03-1402-PC-2.
ATTORNEYS FOR APPELLANT: Stephen T. Owens, Public Defender of Indiana; Liisi Brien, Deputy Public Defender, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; J.T. Whitehead, Deputy Attorney General, Indianapolis, Indiana.
May, Judge. Robb, J., and Mathias, J., concur.
[¶1] Mary K. Davis appeals the denial of post-conviction relief.
[¶2] We reverse.
Facts and Procedural History
[¶3] On August 22, 2002, the trial court sentenced Davis to eight years with four years suspended to probation after Davis entered a plea of guilty to Class C felony possession of a handgun following a felony
conviction. On February 3, 2005, Davis was released from incarceration.
[¶4] On February 4, 2009, the State filed a violation of probation petition, alleging Davis did not pay restitution, court costs, and probationary user's fees, while on probation. Davis admitted she had not paid and she did not dispute the amount owed. She indicated she had a pending application for Social Security disability and would be able to pay once she received that income.
[¶5] From 2009 to 2012 the trial court held eleven status hearings regarding Davis' ability to pay. At a compliance hearing on June 9, 2011, Davis requested pauper counsel and counsel was appointed. On August 1, 2011, the State filed a supplemental violation of probation petition, alleging Davis failed a drug test in July 2011. ...