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Hall v. State

Court of Appeals of Indiana

August 1, 2018

Scott A. Hall, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Clark Circuit Court The Honorable Vicki L. Carmichael, Judge Trial Court Cause No. 10C04-1107-FA-43

          Attorney for Appellant R. Thomas Lowe Vissing Law LLC Jeffersonville, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana

          Ian McLean Supervising Deputy Attorney General Indianapolis, Indiana

          Najam, Judge.

         Statement of the Case

         [¶1] Scott A. Hall appeals the trial court's revocation of his placement in community corrections. He raises two issues for our review, which we revise and restate as follows:

1. Whether the trial court lacked jurisdiction to hold a hearing on the petition to revoke his placement in community corrections because the petition had been filed by a deputy prosecutor instead of the director of the community corrections program.
2. Whether the trial court committed fundamental error when it revoked his placement in community corrections.

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] On July 7, 2011, the State charged Hall with burglary, as a Class A felony, in Cause Number 10D01-1107-FA-43 ("FA-43"). Following a trial, a jury found him guilty as charged, and the trial court entered its judgment of conviction. Thereafter, "pursuant to an agreement reached by the parties," the trial court sentenced Hall to twenty years, all to be served in a home incarceration program through community corrections. Appellant's App. Vol. III at 59.

         [¶4] On July 14, 2016, the State charged Hall with attempted robbery, as a Level 3 felony, and battery, as a Class A misdemeanor, in Cause Number 72C01-1607-F3-11 ("F3-11") for crimes that Hall had committed on July 8. Accordingly, on October 24, the State, by the deputy prosecuting attorney and at the request of Hall's probation officer, filed a petition to revoke Hall's placement in the home detention program in FA-43. Specifically, the State alleged that Hall had violated the terms of his placement when he had committed the crimes of robbery and battery on July 8.

         [¶5] On September 19, 2017, Hall pleaded guilty to robbery, as a Level 5 felony, in F3-11. Thereafter, the trial court held a hearing on the State's petition to revoke Hall's placement in community corrections in FA-43. During that hearing, Hall admitted to the alleged violation. The trial court accepted Hall's admission and found that he had violated the terms of his home incarceration program. The court then heard evidence concerning Hall's sentence. Hall offered, and the trial court admitted, a letter from the community corrections program in which it recommended that Hall remain in community corrections. At the conclusion of the hearing, the trial court revoked ...


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