Howard Jackson, Jr. v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: March 31, 2020
• Docket: 19A-CR-2364
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Mar 31 2020, 12:39 pm

court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Devon M. Sharpe Curtis T. Hill, Jr. Jenner & Pattison Attorney General Madison, Indiana Jacob Kovalsky Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Howard Jackson, Jr., March 31, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-2364 v. Appeal from the Jefferson Circuit Court State of Indiana, The Honorable Appellee-Plaintiff Richard G. Striegel, Senior Judge Trial Court Cause No. 39C01-1503-F4-227

Vaidik, Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2364 | March 31, 2020 Page 1 of 5 Case Summary [1] Howard Jackson Jr. appeals the sanction imposed for his violation of probation.

We affirm.

Facts and Procedural History [2] In January 2016, Jackson pled guilty to Level 4 felony burglary and was

sentenced to four years, with 407 days executed (time served) and the

remaining 1,053 days suspended to community corrections as a condition of

probation. The court also ordered Jackson to pay his burglary victim $7,900 in

restitution. Jackson started community corrections that month.

[3] In April 2016, Jackson and community corrections filed an administrative

agreement in which Jackson admitted violating community corrections and

agreed to sanctions to remain in the program. Two months later, in June 2016,

community corrections filed a petition to revoke Jackson’s community

corrections and probation for testing positive for methamphetamine in April

and May 2016, getting charged with Level 6 felony auto theft in Switzerland

County in May 2016 (Jackson was later convicted in August 2017), and failing

to pay fees. In October 2016, community corrections filed an amended petition

to revoke, adding as allegations that Jackson testified positive for

methamphetamine in August 2016, failed to report to community corrections in

September 2016, and failed to report to substance-abuse treatment on numerous

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2364 | March 31, 2020 Page 2 of 5 occasions. In January 2017, community corrections filed a second amended

petition to revoke, adding as an allegation that Jackson had failed to maintain

contact with community corrections since a court appearance in November

2016.

[4] A fact-finding hearing was scheduled for March 2017, but Jackson failed to

appear. The trial court issued a warrant for Jackson’s arrest, and he was

arrested in August. At the October fact-finding hearing, the trial court found

that Jackson violated his probation based on his (1) positive “drug screens,” (2)

“failure to report,” (3) “non-compliance with court ordered programs,” (4)

“failure to pay fees,” and (5) auto-theft conviction in Switzerland County. See

Appellant’s App. Vol. II p. 82. At the November dispositional hearing, the

Court ordered Jackson to “enroll and participate in the Dearborn County

veteran’s court” and deferred disposition “pending completion or failure of

veteran’s court.” Id. at 80. Jackson started veteran’s court in December.

[5] It appears that Jackson did well in veteran’s court for more than a year. But in

April 2019, Jackson missed a group-therapy session and had to spend the

weekend in jail as a sanction. He was also sanctioned for driving without a

license. Then, in June 2019, Jackson brought someone else’s urine to his

veteran’s court drug screen and was arrested. The next month, Jackson was

convicted of Class B misdemeanor possession of a drug-screen interference

device and terminated from veteran’s court.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2364 | March 31, 2020 Page 3 of 5 [6] In September 2019, the trial court conducted the deferred dispositional hearing

based on the prior finding that Jackson violated his probation and Jackson’s

termination from veteran’s court. The burglary victim testified that Jackson

had not made any restitution payments to him. Jackson testified on his own

behalf, emphasizing that he had passed around 100 drug screens and was

employed while participating in veteran’s court and that he was two weeks shy

of completing veteran’s court when he relapsed. He asked the court to place

him in an in-patient drug-treatment program instead of prison. The court,

however, ordered Jackson to serve the remainder of his 1,053-day suspended

sentence (according to the State, approximately 864 days) in the Indiana

Department of Correction. The court explained that while it “certainly

believe[d] in more than one opportunity to correct criminal behavior and deal

with addiction,” Jackson had several opportunities. Tr. p. 32. In addition, the

court noted that Jackson had “made no meaningful effort to repay” the burglary

victim. Id.

[7] Jackson now appeals.

Discussion and Decision [8] Jackson argues that the trial court should not have ordered him to serve the

remainder of his suspended sentence in the DOC. Trial courts enjoy broad

discretion in determining the appropriate sanction for a probation violation, and

we review only for an abuse of that discretion. Prewitt v. State, 878 N.E.2d 184,

188 (Ind. 2007).

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2364 | March 31, 2020 Page 4 of 5 [9] Jackson concedes that he “stumbled during the term of his probation”;

however, he notes that he “took many steps toward treating his drug

addiction,” including passing around 100 drug screens and being employed.

Appellant’s Br. p. 13. Based on these efforts, he asks us to give him an

“opportunity to complete [an] in-patient rehabilitation program.” Id. at 15.

[10] Here, the record shows that despite Jackson’s numerous and serious violations

of community corrections and probation (including a felony conviction for auto

theft), the trial court deferred disposition and allowed him to enroll in veteran’s

court. Although Jackson did well in veteran’s court for more than a year, he

violated the terms of that supervision in April 2019 by missing an appointment

and driving without a license. Then, in June, Jackson was arrested for trying to

falsify a veteran’s court drug screen by bringing a bottle of someone else’s urine

to his screen. The next month, Jackson was convicted of Class B misdemeanor

possession of a drug-screen interference device and terminated from veteran’s

court. Based on Jackson’s repeated criminal acts and other violations, the trial

court’s decision to order him to serve the remainder of his suspended sentence

in the DOC was not an abuse of discretion. We therefore affirm.

[11] Affirmed.

May, J., and Robb, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2364 | March 31, 2020 Page 5 of 5