Cody R. Hickman, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff
from the Grant Superior Court The Honorable Jeffrey D. Todd,
Judge Trial Court Cause Nos. 27D01-1209-FD-132,
ATTORNEY FOR APPELLANT Jerry T. Drook Marion, Indiana.
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Katherine Cooper Deputy Attorney General
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
and Procedural Posture
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.
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.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
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.
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.
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 ...