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Castillo v. State

Court of Appeals of Indiana

January 11, 2017

Dominique Castillo, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Harrison Superior Court. The Honorable Joseph L. Claypool, Judge. Cause No. 31D01-1408-F5-472

          Attorney for Appellant Anthony D. Hutson Jeffersonville, Indiana

          Attorneys for Appellee Curtis T. Hill Attorney General of Indiana Marjorie E. Newell Deputy Attorney General Indianapolis, Indiana

          Sharpnack, Senior Judge

         Statement of the Case

         [¶1] The trial court revoked the probation of Dominique Castillo and ordered that he serve the whole of his suspended sentence. He appeals contending that the trial court violated his due process rights because it did not explain why it ordered him to serve his entire suspended sentence. He also claims that because the trial court did not explain its choice, it is possible that it may have considered inappropriate testimony. He requests that we "reverse the trial court's order revoking his suspended sentence and remand for an additional hearing to address the appropriate sanction for his violation of probation after which the trial court should issue a statement of its reasons for its decision." Appellant's Reply Br. p. 7. We affirm.

         Issues

         [¶2] Castillo raises one issue, which we expand and restate as:

I. Whether Castillo was denied due process because the trial court did not state specific reasons for ordering the execution of all of the sentence, two and one-half years, that was suspended at the time of his original sentencing; and
II. Whether because the trial court did not state specific reasons for the sanction, the trial court may have considered some evidence it should not have.

         Facts and Procedural History

         [¶3] On May 27, 2015, Castillo pleaded guilty to sexual misconduct with a minor, a Level 5 felony, [1] for having sexual intercourse with a fourteen-year-old female victim. He was sentenced to four years in the Indiana Department of Correction (IDOC), with two and one-half years suspended to probation and one and one-half years served. As a condition of his probation, Castillo was prohibited from having contact with persons under the age of eighteen, unless authorized by his probation officer, and from living within one mile of the victim.

         [¶4] Castillo was released from the IDOC on October 22, 2015. The next day, he contacted the Harrison County Probation Department. He first met with the sex offender officer, and later with his probation officer. He told the officers that since his release he had been living with his mother, that his mother made him leave her house because he insisted on visiting his seventeen-year-old girlfriend, and that he currently was living with his girlfriend and her family. The girlfriend's brother, who was fourteen years old, also lived in the house, which was located within one mile of the home of Castillo's victim in his sexual misconduct case. The officers each reminded Castillo of the terms of his probation and told him to move out of the house immediately. Castillo contacted his probation officer the next morning and told her he was living at a new address.

         [¶5] The following day, the officers drove to the new address to visit with Castillo. On the way, they passed the girlfriend's house and saw Castillo standing in the yard. Castillo then went inside the residence. The officers stopped at ...


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