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Hickman v. State

Court of Appeals of Indiana

August 1, 2017

Cody R. Hickman, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

         Appeal from the Grant Superior Court The Honorable Jeffrey D. Todd, Judge Trial Court Cause Nos. 27D01-1209-FD-132, 27D01-1209-FB-133

          ATTORNEY FOR APPELLANT Jerry T. Drook Marion, Indiana.

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Katherine Cooper Deputy Attorney General Indianapolis, Indiana.

          Mathias, Judge.

         [¶1] In this probation revocation case, we consider whether the trial court abused its discretion in concluding that Cody R. Hickman ("Hickman") was not entitled to accrued time against his sentence for time spent in a halfway house as part of a reentry-court program and as a condition of his probation.

         [¶2] We affirm.

         Facts and Procedural Posture

         [¶3] In November 2012, Hickman pleaded guilty in Grant Superior Court to three counts of burglary and theft under Cause Number FB-133 and admitted a probation violation in Cause Number FD-132, whereunder he had pleaded guilty to theft and resisting law enforcement in April 2012. In December 2012, Hickman was sentenced to a mix of executed and suspended time on the new conviction and violation, including a total of four years supervised probation.

         [¶4] Hickman served time in prison, was released, and began his four-year probation in Grant County in January 2015. As a condition of his probation, Hickman was required to successfully complete Grant County's reentry-court program.[1]Through reentry court, Hickman came to live at Grace House, apparently a halfway house, or, as Hickman assures us without record citation, "a residential program established to help men in their process of recovery from substance abuse/addiction." Appellant's Br. at 12.

         [¶5] During his stay at Grace House, and as part of reentry court in general, Hickman was required to keep a 10:00 p.m. to 6:00 a.m. curfew during "Phase 1" of the program. Tr. pp. 22-23. Hickman asserts that he "was required to be at Grace House unless he had signed out for work or group meetings or to see his probation officer." Appellant's Br. at 7. This assertion apparently rests on the following testimony from Hickman's probation officer and case manager concerning Hickman's compliance (or lack of it) with reentry-court program rules:

[Hickman] was living in the Grace House in, um, October of 2016, and he was, um, signed up for-or he was working, um, at, uh, Hardy's . . . in the Gas City I69 exit, and he was supposed to sign out, um, to go to, uh, daily schedule, um, at the Grace House, to go to work or groups or come see me, and he was signing out to leave the Grace House and, um, he did-he was no longer working, and he was not reporting that to Reentry Court staff or Grace House staff, and so he was leaving the Grace House, um, under the, um, belief that he was going to work and doing a prosocial event when he was not doing that, he was just out, um, doing whatever he wanted to do. This happened, uh, . . . five times [in October 2016].

Tr. pp. 18-19.

         [¶6] It does not appear from the record precisely how long Hickman was at Grace House, but it was apparently not for the entire period of his participation in reentry court. See Appellant's App. p. 11 (chronological case summary entry dated September 6, 2016, approving one month's stay at Grace House). In any event, the State petitioned to revoke Hickman's participation in reentry court in June 2016, less than a year and a half after Hickman began the reentry-court program in January 2015, and then again on October 25, 2016. Between January 2015 and October 25, 2016, Hickman tested positive for marijuana five times; broke curfew eight times; missed two "Saturday Work Crew[]" assignments; patronized a bar twice; pleaded guilty to battery causing serious bodily injury, disorderly conduct, possession of marijuana, and possession of paraphernalia under three separate cause numbers; and totally absconded from the program for two months from June 2016 to August 2016 - all in violation of program rules. Appellant's App. p. 50; Tr. pp. 30, 33.

         [¶7] The trial court granted the State's second petition to revoke Hickman's reentry-court participation on November 14, 2016. The State then petitioned to revoke Hickman's probation the same day. At the conclusion of a revocation hearing on December 13, 2016, the court granted the State's petition and ordered Hickman to execute his four-year suspended sentence. The court credited Hickman with seventy-eight days against that sentence for time served in jail since January 2015, but denied Hickman's request for additional credit ...


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