James D. Cummings, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Allen Superior Court The Honorable David M. Zent,
Judge Trial Court Cause Nos. 02D04-1708-F6-987
ATTORNEY FOR APPELLANT Randall J. Hammond Deputy Public
Defender Leonard, Hammond, Thoma, & Terrill Fort Wayne,
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Tyler G. Banks Supervising Deputy Attorney General
of the Case
James Cummings ("Cummings') attempts to belatedly
appeal the revocation of his probation. Because the Indiana
Supreme Court has held that Post-Conviction Rule 2 does not
permit belated consideration of an appeal of a probation
revocation, we dismiss the appeal.
this appeal should be dismissed because Cummings failed to
file a timely notice of appeal.
In November 2017, Cummings pled guilty to Level 6 felony
resisting law enforcement and Level 6 felony theft in two
separate causes. The trial court sentenced him to 548 days
for each conviction, ordered the two sentences to run
consecutively to each other, and suspended them both to
probation. In January 2018, Cummings failed to submit to two
drug screens and missed an appointment with his probation
officer. The State filed a petition to revoke his probation
in January 2018.
Before the hearing on the revocation petition, Cummings was
charged with another count of Level 6 felony resisting law
enforcement. As a result of this charge, the State amended
the petition to revoke Cummings' probation. In March
2018, Cummings pled guilty to the Level 6 felony resisting
law enforcement charge. The trial court sentenced him to 913
days to run consecutively to the November 2017 sentences and
again suspended the sentence to probation.
One of the probation conditions was that Cummings
successfully complete a residential drug treatment program.
Cummings entered such a program in mid-March 2018. However,
Cummings did not complete the program because he left the
treatment program a week later. The State filed another
petition to revoke Cummings' probation in all three cases
based on his failure to complete the treatment program.
Thereafter, the trial court ordered Cummings to be evaluated
by a community corrections program for potential placement on
home detention. Cummings, however, refused to participate in
the evaluation. He told the trial court that he "no
longer need[ed] the court to help [him] with [his]
rehabilitation." (App. Vol. 2 at 87). Cummings admitted
the violations in the revocation petition and was returned to
probation in May 2018.
The day after he admitted the allegations, Cummings entered
another residential treatment program. Two days later, he
left the the program without successfully completing it, and
the State filed another motion to revoke his probation. On
November 5, 2018, following an evidentiary hearing, the trial
court revoked Cummings' probation and ...