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Ashba v. State

580 N.E.2d 244, 1991 Ind. LEXIS 209, 1991 WL 230001
CourtIndiana Supreme Court
DecidedNovember 4, 1991
Docket85S02-9111-CR-876
StatusPublished
Cited by18 cases

This text of 580 N.E.2d 244 (Ashba v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashba v. State, 580 N.E.2d 244, 1991 Ind. LEXIS 209, 1991 WL 230001 (Ind. 1991).

Opinions

ON PETITION TO TRANSFER

PER CURIAM.

Appellant Ernest B. Ashba, Ir., was sentenced to six years in prison for burglary. The trial court suspended four years of the sentence and placed him on probation. Eventually, the Department of Correction paroled Ashba, who committed another offense while on parole. The Department revoked his parole and ordered him to serve 180 days in prison. The trial court then revoked his probation and ordered an additional 180 days executed.

The Court of Appeals held that the trial court was authorized to revoke Ashba's probation while he was at the Department of Correction serving the 180 days for violating parole. It also rejected Ashba's contention that double jeopardy prohibited revoking both parole and probation based on a single post-release offense. Ashba v. State (1991), Ind.App., 570 N.E.2d 937.

The Court of Appeals correctly decided these issues of first impression. We grant transfer and affirm their decision. Ind.Appellate Rule 11(B)(8).

SHEPARD, C.J., and GIVAN, DICKSON and KRAHULIK, JJ., concur. DeBRULER, J., dissents with opinion.

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Ashba v. State
580 N.E.2d 244 (Indiana Supreme Court, 1991)

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Bluebook (online)
580 N.E.2d 244, 1991 Ind. LEXIS 209, 1991 WL 230001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashba-v-state-ind-1991.