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Overstreet v. State

Court of Appeals of Indiana

November 13, 2019

Jeffery Overstreet, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Dearborn Circuit Court Cause No. 15C01-1408-F5-55 The Honorable James Humphrey, Judge

          Attorney for Appellant Jennifer A. Joas Madison, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana

          RILEY, JUDGE.

         STATEMENT OF THE CASE

         [¶1] Appellant-Defendant, Jeffery Overstreet (Overstreet), appeals the trial court's Order, revoking his probation and imposing the balance of his previously suspended sentence.

         [¶2] We affirm.

         ISSUE

         [¶3] Overstreet presents this court with one issue on appeal, which we restate as: Whether the trial court abused its discretion by revoking the balance of his previously suspended sentence following his admission to having violated the conditions of his probation.

         FACTS AND PROCEDURAL HISTORY

         [¶4] On August 4, 2014, in Dearborn County, Indiana, the State filed an Information, charging Overstreet with Count I, criminal confinement resulting in bodily injury, a Level 5 felony; Count II, domestic battery, a Class A misdemeanor; and Count III, interference with the reporting of a crime, a Class A misdemeanor. On August 7, 2014, Overstreet was released from jail after he posted a cash bond. On April 1, 2016, Overstreet pleaded guilty to the Level 5 felony criminal confinement resulting in bodily injury. In exchange, the State dismissed the other charges. The trial court then sentenced Overstreet to the Indiana Department of Correction (DOC) for six years, with the entire sentence suspended to probation. Overstreet's probation was to be supervised by the Dearborn County Probation Department.

         [¶5] At the time of his sentencing in the current cause, Overstreet was serving a sentence in the "Kentucky Department of Corrections" (Kentucky DOC) for a separate offense. (Transcript Vol. II, p. 19). On July 17, 2017, the Kentucky DOC released Overstreet. Overstreet was required to report to the Dearborn County Probation Department for his probation on July 20, 2017. However, because Overstreet was a resident of Kentucky, the Dearborn County Probation Department transferred Overstreet's probation to Kentucky.

         [¶6] On February 12, 2019, the State filed a Request for Probation Violation Hearing, alleging that:

On or about October 16, 2018, [Overstreet] submitted to a drug screen as directed by Kentucky Probation and Parole and subsequently tested positive for Amphetamines/Methamphetamines and THC; and that on or about November 6, 2018 and November 20, 2018, [Overstreet] submitted to drug screens for Kentucky Probation and Parole ...

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