Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Trammell v. State

Court of Appeals of Indiana

November 13, 2015

Joshua T. Trammell, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

         November 13, 2015, Decided

          Appeal from the Franklin Circuit Court. The Honorable Clay M. Kellerman, Judge. Trial Court Cause No. 24C02-0907-FD-401.

         ATTORNEY FOR APPELLANT: Kimberly A. Jackson, Indianapolis, Indiana.

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

         Robb, Judge. Vaidik, C.J., and Pyle, J., concur.

          OPINION

Page 1213

          Robb, Judge.

         Case Summary and Issue

         [¶1] Joshua Trammell entered into a plea agreement to resolve two pending cases against him, Class D felony resisting law enforcement under Cause Number 24C02-0904-FD-158 (" Cause 158" ) and Class D felony theft under Cause Number 24C02-0907-FD-401 (" Cause 401" ). Trammell was sentenced to two years with nine months suspended to probation in each case, to be served concurrently. Trammell was ultimately found to have violated his probation in Cause 401 and was ordered to serve five months of his previously suspended sentence. Trammell now appeals, raising the sole issue of whether the trial court abused its discretion in revoking his probation. Concluding there was insufficient proof that Trammell's alleged violation occurred during his probationary period, we reverse.

         Facts and Procedural History

         [¶2] Trammell was charged on April 22, 2009, in Cause 158 with resisting law enforcement, a Class D felony, and on July 31, 2009, in Cause 401 with theft, a Class D felony. On July 12, 2010, the State and Trammell filed a plea agreement with the trial court that would resolve both Cause 158 and Cause 401. The plea agreement stated with respect to Cause 158 that Trammell would

Page 1214

plead guilty to Class D felony resisting law enforcement, and the State would recommend a sentence of " 2 years in the Indiana Department of Corrections [sic] with 9 months suspended to probation conditioned by terms set by the Court," plus a fine, costs, and fees. Appellant's Appendix at 74. In addition, with respect to Cause 401, Trammell would plead guilty to Class D felony theft, and the State would recommend a sentence of " 2 years in the Indiana Department of Corrections [sic] with 9 months suspended to probation conditioned by terms set by the Court, sentence concurrent with [Cause 158]," plus a fine, costs, and fees. Id. (emphasis in original).

         [¶3] On July 13, 2010, the trial court accepted Trammell's plea of guilty and sentenced him according to the terms of the plea agreement. Trammell subsequently signed the trial court's probation order, acknowledging as conditions of his probation that he " shall report to the Probation Department as directed by [his] Probation Officer[,]" and " shall not have in [his] possession or use any ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.