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Lampley v. State

Court of Appeals of Indiana

May 27, 2015

Tommy Lampley, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Madison Circuit Court. Lower Court Cause No. 48D03-9809-CF-209. The Honorable Thomas Newman, Jr. Judge.

ATTORNEY FOR APPELLANT: John T. Wilson, Anderson, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Chandra K. Hein, Deputy Attorney General, Indianapolis, Indiana.

Pyle, Judge. Barnes, J., and May, J., concur.

OPINION

Page 1035

Pyle, Judge.

Statement of the Case

[¶1] Tommy Lampley (" Lampley" ) appeals the trial court's order revoking his probation. On appeal, he claims that the trial court abused its discretion by revoking his probation because the State presented insufficient evidence showing that he violated a term of his probation. Because Lampley admitted to participating in unlawful conduct during his probationary period, we affirm the trial court's order revoking his probation.

[¶2] We affirm.

Issue

[¶3] Whether the trial court abused its discretion by revoking Lampley's probation.

Facts

[¶4] On September 2, 1998, the State charged Lampley with assisting a criminal as a Class C felony.[1] Lampley pled guilty the same day, and on October 21, 1998, the trial court sentenced Lampley to eight (8) years with five (5) years executed in the Department of Correction and the remaining three (3) years suspended to probation. The trial court ordered that Lampley serve his sentence consecutively to a prior possession of cocaine conviction.

[¶5] On January 17, 2014, Lampley filed a motion to modify his sentence, and the trial court held a hearing ...


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