Tim A. Tyler v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 30, 2015
• Docket: 02A05-1409-CR-460
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as Apr 30 2015, 10:25 am precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE John C. Bohdan Gregory F. Zoeller Fort Wayne, Indiana Attorney General of Indiana Chandra K. Hein Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Tim A. Tyler, April 30, 2015

Appellant-Defendant, Court of Appeals Cause No. 02A05-1409-CR-460 v. Appeal from the Allen Superior Court State of Indiana, The Honorable Samuel R. Keirns, Magistrate Appellee-Plaintiff Trial Court Cause No. 02D04-0907-FC-153

Robb, Judge.

Case Summary and Issue [1] Tim Tyler appeals the trial court’s decision to revoke his probation, raising one

issue for our review: whether there was sufficient evidence to establish that

Court of Appeals of Indiana | Memorandum Decision 02A05-1409-CR-460 | April 30, 2015 Page 1 of 4 Tyler violated his probation. Concluding there was sufficient evidence, we

affirm.

Facts and Procedural History [2] On December 15, 2009, Tyler entered a plea of guilty to battery as a Class C

felony. On January 13, 2010, he was sentenced to four years, all of which were

suspended to probation. On February 15, 2013, Tyler’s probation was revoked,

and he was ordered to serve two years executed with Allen County Community

Corrections. On May 16, 2013, Tyler’s home detention was revoked, and he

was ordered to maintain residency at Shepherd’s House. On March 6, 2014,

the trial court approved a modification of Tyler’s placement to Volunteers of

America.

[3] Tyler was originally required to be inside the Volunteers of America facility for

at least six hours per day. However, Tyler was pushing the limits of that

requirement. As a result, the Volunteers of America director and Tyler’s

probation officer determined that Tyler’s presence at Volunteers of America

between 8 p.m. and 8 a.m. should be a condition of his continued placement

there. Tyler was made aware that Volunteers of America required him to be at

the facility during nighttime hours.

[4] On July 22, 2014, the State filed a petition to revoke Tyler’s probation—it is

that petition which is the subject of this appeal. The petition alleged that Tyler

“failed to abide by the instruction of the probation department and Volunteers

of America in regards to his court ordered placement.” Appellant’s Appendix Court of Appeals of Indiana | Memorandum Decision 02A05-1409-CR-460 | April 30, 2015 Page 2 of 4 at 21. A hearing was held on September 2, 2014, at which an employee of the

Allen County Probation Department testified that Tyler failed to comply with

the curfew imposed by his probation officer and Volunteers of America. The

State also introduced notes kept by Volunteers of America that indicated Tyler

broke curfew and left the facility late at night on approximately a dozen

occasions. The trial court revoked Tyler’s probation and ordered him to serve

two years in the Indiana Department of Correction. This appeal followed.

Discussion and Decision I. Standard of Review [5] “Probation is a matter of grace left to trial court discretion, not a right to which

a criminal defendant is entitled.” Heaton v. State, 984 N.E.2d 614, 616 (Ind.

2013) (citation omitted). The trial court has discretion to set probation

conditions and to revoke probation upon violation of a condition. Id. Thus, an

appeal from a trial court’s finding of a violation and the resulting sanction are

reviewed only for an abuse of discretion. Id. An abuse of discretion occurs if

the decision is clearly against the logic and effect of the facts and circumstances

or if it is contrary to law. Id.

II. Probation Violation [6] Probation revocation is a two-step process. Id. First, the trial court determines

whether a probation violation actually occurred. Id. Second, if a violation is

found, the trial court then determines what sanctions, if any, are appropriate.

Court of Appeals of Indiana | Memorandum Decision 02A05-1409-CR-460 | April 30, 2015 Page 3 of 4 Id. Here, Tyler argues only that the evidence was insufficient to establish a

violation of probation.1

[7] In March 2014, it was made a condition of Tyler’s probation that he reside at

Volunteers of America and that he abide by any rules that that facility placed on

him. Volunteers of America and Tyler’s probation officer informed Tyler that a

requirement for maintaining residence at Volunteers of America was that he be

present at the facility between the hours of 8 p.m. and 8 a.m. Despite Tyler’s

awareness of that constraint, he left the Volunteers of America facility between

the hours of 8 p.m. and 8 a.m. without permission on numerous occasions.

[8] By violating the terms of his residency at Volunteers of America, Tyler violated

a condition of his probation. Because the evidence shows that Tyler did not

abide by the rules placed on him by Volunteers of America, the State presented

sufficient evidence that Tyler violated a condition of his probation.

Conclusion [9] Concluding the State presented sufficient evidence to support the trial court’s

finding that Tyler violated his probation, we affirm.

[10] Affirmed.

May, J., and Mathias, J., concur.

1 Tyler does not argue on appeal that the sanction imposed by the trial court is inappropriate. Court of Appeals of Indiana | Memorandum Decision 02A05-1409-CR-460 | April 30, 2015 Page 4 of 4