from the Tippecanoe Superior Court No. 79D06-1611-CM-4319.
The Honorable Michael A. Morrissey, Judge
Attorney for Appellant Caroline B. Briggs Lafayette, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Jesse R. Drum Deputy Attorney General
James Schenke appeals following his conviction for Class A
Misdemeanor Invasion of Privacy. Schenke argues that the
trial court erred by revoking his pretrial diversion
agreement without a hearing and that he was denied the right
to legal representation at his trial. Finding no error with
respect to the pretrial diversion agreement but also finding
that Schenke was denied the right to legal representation, we
affirm in part, reverse in part, and remand for a new trial.
On October 28, 2016, Schenke was arrested for battering his
wife ("Wife"). Upon his release from jail, Schenke
signed a ten-day no contact order listing Wife as the
protected person; among other things, he was prohibited from
having any direct or indirect contact with her and from being
within eyesight of her home.
On October 29, 2016, Schenke and a friend went to Wife's
neighborhood. Schenke sent his friend into Wife's home
with a key and a list of items to retrieve; Schenke waited on
the corner and directed his friend on the phone. While this
was occurring, Tippecanoe County Sheriff's Detective Jodi
Rohler was dispatched to the scene. She talked to
Schenke's friend at Wife's home and to Schenke on the
corner. Detective Rohler could see Wife's home from the
intersection where Schenke was standing.
On November 30, 2016, the State charged Schenke with two
counts of Class A misdemeanor invasion of privacy. It later
added four more counts of the same offense.
On December 14, 2017, the State agreed to withhold
prosecution for one year in a pretrial diversion agreement.
Among other things, the agreement required Schenke to attend,
complete, and pay for the Character Restoration Program
within six months. On December 20, 2018, the State petitioned
to revoke the pretrial diversion agreement because Schenke
had not yet completed the Character Restoration Program.
Thereafter, the State resumed prosecution and asked that a
bench trial be scheduled; the trial court granted the motion
and scheduled the trial. On February 21, 2019, Schenke filed
a motion for indigent counsel. The trial court held a hearing
on February 26, 2019, but Schenke failed to appear, so the
court denied his motion and required that he proceed pro se.
On March 4, 2019, the State dismissed all but one count of
invasion of privacy. Following a March 5, 2019, bench trial,
the trial court found Schenke guilty and sentenced him to one
year of probation. Schenke now appeals.