Brooks v. State

692 N.E.2d 951, 1998 Ind. App. LEXIS 349, 1998 WL 128167
CourtIndiana Court of Appeals
DecidedMarch 23, 1998
Docket48A02-9706-CR-403
StatusPublished
Cited by29 cases

This text of 692 N.E.2d 951 (Brooks v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. State, 692 N.E.2d 951, 1998 Ind. App. LEXIS 349, 1998 WL 128167 (Ind. Ct. App. 1998).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Defendant-Appellant Jackie R. Brooks appeals the termination of his in-home detention.

We affirm.

ISSUES

Brooks raises one issue for our review: whether the evidence was sufficient to support the termination of his in-home detention.

FACTS AND PROCEDURAL HISTORY

On April 22, 1996, under three separate cause numbers, Brooks pled guilty to Driving While Intoxicated, a Class D Felony; Operating a Motor Vehicle After Suspension for Life, a Class C Felony; Driving While Intoxicated, a Class C Misdemeanor; Driving While Intoxicated, a Class D Felony; Battery, a Class A Misdemeanor; and Criminal Recklessness, a Class D Felony. The court sentenced Brooks to a total ten-year sentence, suspended seven years, while also placing Brooks on In-Home Detention for the first year of his sentence, and ordering him to be placed on probation for seven years. Execution of the first year of the sentence was stayed and to be served on in-home detention. Upon completion of the executed sentence, Brooks was to be placed on probation for a period of seven (7) years.

On the evening of February 5, 1997, Anderson Police Officer Brian Russ was on routine patrol when he saw Brooks and another man facing each other on a street corner. When Officer Russ pulled up near the men, Brooks jogged away. Officer Russ stopped his vehicle and asked Brooks to come back and talk to him. Brooks looked back at Officer Russ and ran. Officer Russ then ordered Brooks to stop so that he could talk with him, and Brooks complied. When Brooks concealed his hands in his pockets, Officer Russ ordered him several times to remove his hands from his pockets, but Brooks would not comply. Finally, Brooks walked around the opposite side of the car from Officer Russ, and Officer Russ observed Brooks slip an object from his pocket and drop it to the ground. Officer Russ heard a “ping” sound on the ground where Brooks was standing as Brooks slipped the object from his pocket. After a second police officer arrived, Officer Russ went to the location where Brooks had been standing and found a black wallet and a small metal pipe that is commonly used to smoke crack cocaine. Inside the wallet, Officer Russ found a small metal rod, which is used to push crack down inside a pipe, a small screen, and a cellophane wrapper that contained a small, white, rock-like substance, later found to be cocaine.

On February 6, 1997, the State charged Brooks with Possession of Cocaine, a Class D Felony, and Possession of Paraphernalia, a Class B Misdemeanor. On February 13, 1997, the Probation Department filed a Violation of Suspended Sentence alleging that Brooks violated his probation when he committed new criminal offenses of possession of cocaine and possession of drug paraphernalia. On March 27, 1997, after a hearing, the *953 court found that Brooks violated Ms terms of in-home detention when he possessed cocaine and drug paraphernalia, imposing the balance of Ms sentence.

DISCUSSION AND DECISION

Brooks contends that the trial court committed reversible error in determming that he had violated the terms and conditions of in-home detention. He argues that the State of Indiana failed to prove that he had in fact committed any additional offenses to justify the termination of in-home detention.

This court has analyzed the connection between community correction programs and probation, determining the difference between the two to be insignificant. Million v. State, 646 N.E.2d 998, 1001 (Ind.Ct.App. 1995). TMs court held that, “a community corrections program is an alternative to commitment to the Department of. Correction and made at the sole discretion of the trial court.” Id. We further held that, “a defendant is not entitled to serve Ms sentence in a community corrections program but, as with probation, placement in the program is a ‘matter of grace’ and a ‘conditional liberty that is a favor, not a right.’” Id. at 1002 (quoting Gilfillen v. State, 582 N.E.2d 821, 824 (Ind.Ct.App.1991); Perry v. State, 642 N.E.2d 586, 538 (Ind.Ct.App.1994)). Similarly, placement in an in-home detention program is a matter of grace and a conditional liberty that is a favor, not a right. Furthermore, in Ashba v. State, 570 N.E.2d 937 (Ind.Ct.App.1991), aff'd 580 N.E.2d 244, cert. denied, 503 U.S. 1007, 112 S.Ct. 1767, 118 L.Ed.2d 428 (1992), this court construed the probation revocation statute [Ind.Code Sec. 35-38-2-1] and held that the trial court may revoke a defendant’s probation before he enters the probationary phase of Ms sentence. Id. at 939. Based upon tMs similarity of an in-home detention program and probation, the standard of review for a petition for termination of in-home detention privileges is analogous to that of a probation revocation hearing.

A probation revocation hearing is in the nature of a civil proceeding and the alleged violation need be proven only by a preponderance of the evidence. King v. State, 642 N.E.2d 1389, 1393 (Ind.Ct.App.1994). When the sufficiency of a factual basis is challenged, the court on appeal neither reweighs the evidence nor rejudges the credibility of the witnesses, but looks to the evidence most favorable to the State. Id. If there is substantial evidence of probative value to support the trial court’s decision that the probationer is guilty of any violation, revocation of probation is appropriate. Id. Proof of any one violation is sufficient to revoke a defendant’s probation. Menifee v. State, 600 N.E.2d 967, 970 (Ind.Ct.App.1992), clarified and reh’g denied, 605 N.E.2d 1207 (1993).

Brooks argues that the State failed to prove, by a preponderance of the evidence, that he had in fact committed any additional offenses to justify the revocation of probation. Brooks argues that the evidence most favorable to the State does not reveal that he violated his probation by having crack cocaine, a pipe, and other paraphernalia in his possession. Specifically, Brooks argues a direct conflict in the arresting officer’s original affidavit and this same officer’s testimony at trial as to the fact that the individual accompanying Brooks was in the same area where the billfold and pipe were located. Additionally, Brooks argues that testimony revealed that his wallet was in Ms possession at the time he was incarcerated and booked into the Madison County Detention Center. Brooks contends that tMs evidence directly contradicts the State’s evidence of a billfold being found with cocaine and a push-pin inside .it belonging to Brooks.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dameco Brent v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2016
Billy G. Luke v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2015
Brian House v. State of Indiana
Indiana Court of Appeals, 2014
Edward Lee Matthys v. State of Indiana
Indiana Court of Appeals, 2014
Brian K. Moore v. State of Indiana
Indiana Court of Appeals, 2013
Imani Clark v. State of Indiana
Indiana Court of Appeals, 2013
Calvin Horton v. State of Indiana
Indiana Court of Appeals, 2013
Kimberly Heaton v. State of Indiana
984 N.E.2d 614 (Indiana Supreme Court, 2013)
Scott Wayne Steele v. State of Indiana
Indiana Court of Appeals, 2012
M. Loren Fugate v. State of Indiana
Indiana Court of Appeals, 2012
Michael D. McGee v. State of Indiana
Indiana Court of Appeals, 2012
David Butler v. State of Indiana
Indiana Court of Appeals, 2012
Brown v. State
947 N.E.2d 486 (Indiana Court of Appeals, 2011)
Williams v. State
937 N.E.2d 930 (Indiana Court of Appeals, 2010)
Figures v. State
920 N.E.2d 267 (Indiana Court of Appeals, 2010)
Cooper v. State
917 N.E.2d 667 (Indiana Supreme Court, 2009)
Pugh v. State
804 N.E.2d 202 (Indiana Court of Appeals, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
692 N.E.2d 951, 1998 Ind. App. LEXIS 349, 1998 WL 128167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-state-indctapp-1998.