Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as 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: ATTORNEYS FOR APPELLEE:
DAVID W. STONE GREGORY F. ZOELLER Anderson, Indiana Attorney General of Indiana
ERIC P. BABBS Deputy Attorney General Indianapolis, Indiana FILED Feb 14 2012, 9:38 am IN THE COURT OF APPEALS OF INDIANA CLERK of the supreme court, court of appeals and tax court
WILLIAM K. AYNES, ) ) Appellant-Defendant, ) ) vs. ) No. 48A02-1106-CR-517 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. )
APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Rudolph R. Pyle, III, Judge Cause No. 48C01-0905-FD-270
February 14, 2012
MEMORANDUM DECISION – NOT FOR PUBLICATION
RILEY, Judge STATEMENT OF THE CASE
Appellant–Respondent, William K. Aynes (Aynes), appeals the trial court’s order
revoking his probation.
We affirm.
ISSUE
Aynes raises two issues on appeal, which we consolidate and restate as follows:
Whether the trial court abused its discretion in revoking Aynes’ probation and ordering
him to serve the remainder of his sentence.
FACTS AND PROCEDURAL HISTORY
On May 26, 2009, the State charged Aynes with auto theft, a Class D felony, Ind.
Code § 35-43-4-2.5(b)(1). Following a plea agreement, Aynes was sentenced to three
years with one year executed on work release and two years suspended to probation.
Aynes began work release on October 29, 2009. However, his work release privilege
was subsequently revoked for multiple violations of his work release rules, including a
second positive drug screen. As a result, the trial court ordered Aynes to serve 18
months of his previously suspended sentence at the Indiana Department of Correction and
to subsequently return to probation. On July 19, 2010, Aynes began his probation under
the conditions of not violating the laws of the United States and Indiana, behaving well in
society, and being subject to a curfew from midnight to 6 a.m.
Around 3 a.m. on April 5, 2011, Officer Douglas Rolfs (Officer Rolfs) with the
Anderson police department responded to a report of battery. He encountered Crystal
Lagle (Lagle) in a parking lot near Lagle’s house. Lagle told Officer Rolfs that Aynes
2 and she had argued at her house before she called the police. According to Lagle, during
her argument with Aynes, Aynes had struck Lagle in the nose and “bear hugged” her,
causing her pain. (Transcript p. 9). Aynes later left Lagle’s house to get food for Lagle
upon her request. When Officer Rolfs escorted Lagle home, they encountered Aynes,
who had also returned to Lagle’s house and was parking Lagle’s car in the driveway.
Officer Brandon Grant (Officer Grant) arrived at Lagle’s house and watched over Aynes
while Officer Rolfs interviewed Lagle. The Officers arrested Aynes after the interview.
On April 8, 2011, the State filed a notice of probation violation, alleging that Aynes had
violated his probation by committing domestic battery, criminal confinement, and by
breaking his curfew.
At the evidentiary hearing held on May 16, 2011, Officers Rolfs and Grant
testified that Aynes was away from his own residence at the time of Aynes’ arrest.
Moreover, Aynes’ probation officer testified that Aynes’ curfew time was midnight to 6
a.m., and that Aynes violated his curfew by being at Lagle’s house after midnight. Aynes
also admitted that he had violated his curfew. At the end of the hearing, the trial court
found that Aynes had violated his probation. Consequently, the trial court revoked
Aynes’ probation and ordered him to serve 540 days in the Department of Correction.
Aynes now appeals.
DISCUSSION AND DECISION
Aynes argues that the trial court improperly revoked his probation because the
revocation was not supported by sufficient evidence and because the trial court abused its
discretion by imposing the previously suspended sentence.
3 On appeal, we review a trial court’s probation revocation decision for an abuse of
discretion. Prewitt v. State, 878 N.E.2d 184, 188 (Ind. 2007). An abuse of discretion
occurs when the trial court’s decision is clearly against the logic and effect of the facts
and circumstances before it. Turner v. State, 953 N.E.2d 1039, 1045 (Ind. 2011). In
reviewing a trial court’s revocation decision, we do not reweigh the evidence or judge the
credibility of witnesses. Mogg v. State, 918 N.E.2d 750, 759 (Ind. Ct. App. 2009). We
only consider the evidence most favorable to the judgment, and we will affirm the trial
court’s revocation decision when finding substantial evidence supporting the trial court’s
revocation decision. Woods, 892 N.E.2d at 639-40.
I. Probation Violation
In Indiana, probation revocation is a two-step process. First, the trial court should
determine whether a violation of probation has actually occurred. Woods v. State, 892
N.E.2d 637, 640 (Ind. 2008). Upon proving a probation violation, the trial court then
must decide whether the violation warrants the probation revocation. Id. When a
probationer admits to a violation, the trial court will proceed directly to the second step of
the revocation process. Id.
Aynes first asserts that the trial court’s decision to revoke his probation was not
supported by sufficient evidence. He contends that the Officers’ testimony on domestic
battery and criminal confinement was inadmissible hearsay as it was based on Lagle’s
statement.
Probation is not a right to which a criminal defendant is entitled, but a matter of
grace left to the trial court’s decision. Prewitt, 878 N.E.2d at 188. A trial court has
4 discretion to revoke probation if a violation of a probation condition occurs during the
probationary period. I.C. § 35-38-2-3(a)(1); Cooper v. State, 917 N.E.2d 667, 671 (Ind.
2009). Violation of a single probation condition is sufficient to support a revocation.
Richardson v. State, 890 N.E.2d 766, 768 (Ind. Ct. App. 2008).
We do not need to address Aynes’ hearsay argument because other evidence
establishes that Aynes violated his curfew and violation of a single probation condition is
sufficient to support the revocation of Aynes’ probation. On April 5, 2011, at 3:20 a.m.,
Aynes violated his curfew by leaving his residence and going to Lagle’s house.
Testimony by Officers Rolfs and Grant revealed that Aynes was away from his own
residence after midnight. In addition, Aynes’ probation officer testified that Aynes’
curfew time is midnight to 6 a.m. Most importantly, Aynes also admitted his curfew
violation in the hearing.
II. Sentence
Next, Aynes argues that the trial court abused its discretion by imposing his entire
previously suspended sentence for his curfew violation because “[a] single curfew
violation is entirely too de minims a violation to justify the sanction of full revocation”
(Appellant Br. p. 7). In support of his argument, Aynes directs our attention to evidence
Free access — add to your briefcase to read the full text and ask questions with AI
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as 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: ATTORNEYS FOR APPELLEE:
DAVID W. STONE GREGORY F. ZOELLER Anderson, Indiana Attorney General of Indiana
ERIC P. BABBS Deputy Attorney General Indianapolis, Indiana FILED Feb 14 2012, 9:38 am IN THE COURT OF APPEALS OF INDIANA CLERK of the supreme court, court of appeals and tax court
WILLIAM K. AYNES, ) ) Appellant-Defendant, ) ) vs. ) No. 48A02-1106-CR-517 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. )
APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Rudolph R. Pyle, III, Judge Cause No. 48C01-0905-FD-270
February 14, 2012
MEMORANDUM DECISION – NOT FOR PUBLICATION
RILEY, Judge STATEMENT OF THE CASE
Appellant–Respondent, William K. Aynes (Aynes), appeals the trial court’s order
revoking his probation.
We affirm.
ISSUE
Aynes raises two issues on appeal, which we consolidate and restate as follows:
Whether the trial court abused its discretion in revoking Aynes’ probation and ordering
him to serve the remainder of his sentence.
FACTS AND PROCEDURAL HISTORY
On May 26, 2009, the State charged Aynes with auto theft, a Class D felony, Ind.
Code § 35-43-4-2.5(b)(1). Following a plea agreement, Aynes was sentenced to three
years with one year executed on work release and two years suspended to probation.
Aynes began work release on October 29, 2009. However, his work release privilege
was subsequently revoked for multiple violations of his work release rules, including a
second positive drug screen. As a result, the trial court ordered Aynes to serve 18
months of his previously suspended sentence at the Indiana Department of Correction and
to subsequently return to probation. On July 19, 2010, Aynes began his probation under
the conditions of not violating the laws of the United States and Indiana, behaving well in
society, and being subject to a curfew from midnight to 6 a.m.
Around 3 a.m. on April 5, 2011, Officer Douglas Rolfs (Officer Rolfs) with the
Anderson police department responded to a report of battery. He encountered Crystal
Lagle (Lagle) in a parking lot near Lagle’s house. Lagle told Officer Rolfs that Aynes
2 and she had argued at her house before she called the police. According to Lagle, during
her argument with Aynes, Aynes had struck Lagle in the nose and “bear hugged” her,
causing her pain. (Transcript p. 9). Aynes later left Lagle’s house to get food for Lagle
upon her request. When Officer Rolfs escorted Lagle home, they encountered Aynes,
who had also returned to Lagle’s house and was parking Lagle’s car in the driveway.
Officer Brandon Grant (Officer Grant) arrived at Lagle’s house and watched over Aynes
while Officer Rolfs interviewed Lagle. The Officers arrested Aynes after the interview.
On April 8, 2011, the State filed a notice of probation violation, alleging that Aynes had
violated his probation by committing domestic battery, criminal confinement, and by
breaking his curfew.
At the evidentiary hearing held on May 16, 2011, Officers Rolfs and Grant
testified that Aynes was away from his own residence at the time of Aynes’ arrest.
Moreover, Aynes’ probation officer testified that Aynes’ curfew time was midnight to 6
a.m., and that Aynes violated his curfew by being at Lagle’s house after midnight. Aynes
also admitted that he had violated his curfew. At the end of the hearing, the trial court
found that Aynes had violated his probation. Consequently, the trial court revoked
Aynes’ probation and ordered him to serve 540 days in the Department of Correction.
Aynes now appeals.
DISCUSSION AND DECISION
Aynes argues that the trial court improperly revoked his probation because the
revocation was not supported by sufficient evidence and because the trial court abused its
discretion by imposing the previously suspended sentence.
3 On appeal, we review a trial court’s probation revocation decision for an abuse of
discretion. Prewitt v. State, 878 N.E.2d 184, 188 (Ind. 2007). An abuse of discretion
occurs when the trial court’s decision is clearly against the logic and effect of the facts
and circumstances before it. Turner v. State, 953 N.E.2d 1039, 1045 (Ind. 2011). In
reviewing a trial court’s revocation decision, we do not reweigh the evidence or judge the
credibility of witnesses. Mogg v. State, 918 N.E.2d 750, 759 (Ind. Ct. App. 2009). We
only consider the evidence most favorable to the judgment, and we will affirm the trial
court’s revocation decision when finding substantial evidence supporting the trial court’s
revocation decision. Woods, 892 N.E.2d at 639-40.
I. Probation Violation
In Indiana, probation revocation is a two-step process. First, the trial court should
determine whether a violation of probation has actually occurred. Woods v. State, 892
N.E.2d 637, 640 (Ind. 2008). Upon proving a probation violation, the trial court then
must decide whether the violation warrants the probation revocation. Id. When a
probationer admits to a violation, the trial court will proceed directly to the second step of
the revocation process. Id.
Aynes first asserts that the trial court’s decision to revoke his probation was not
supported by sufficient evidence. He contends that the Officers’ testimony on domestic
battery and criminal confinement was inadmissible hearsay as it was based on Lagle’s
statement.
Probation is not a right to which a criminal defendant is entitled, but a matter of
grace left to the trial court’s decision. Prewitt, 878 N.E.2d at 188. A trial court has
4 discretion to revoke probation if a violation of a probation condition occurs during the
probationary period. I.C. § 35-38-2-3(a)(1); Cooper v. State, 917 N.E.2d 667, 671 (Ind.
2009). Violation of a single probation condition is sufficient to support a revocation.
Richardson v. State, 890 N.E.2d 766, 768 (Ind. Ct. App. 2008).
We do not need to address Aynes’ hearsay argument because other evidence
establishes that Aynes violated his curfew and violation of a single probation condition is
sufficient to support the revocation of Aynes’ probation. On April 5, 2011, at 3:20 a.m.,
Aynes violated his curfew by leaving his residence and going to Lagle’s house.
Testimony by Officers Rolfs and Grant revealed that Aynes was away from his own
residence after midnight. In addition, Aynes’ probation officer testified that Aynes’
curfew time is midnight to 6 a.m. Most importantly, Aynes also admitted his curfew
violation in the hearing.
II. Sentence
Next, Aynes argues that the trial court abused its discretion by imposing his entire
previously suspended sentence for his curfew violation because “[a] single curfew
violation is entirely too de minims a violation to justify the sanction of full revocation”
(Appellant Br. p. 7). In support of his argument, Aynes directs our attention to evidence
in the record establishing his full payment of all fees, his G.E.D. completion, his full-time
employment, and the reasonableness of his home detention request.
Upon finding a probation violation, a trial court may keep the probationer on
probation, extend the terms of probation, or order execution of all or part of the
previously suspended sentence. I.C. § 35-38-2-3(g). We have previously noted that a
5 trial court did not abuse its discretion in ordering a defendant to serve the remainder of
his sentence when the defendant showed unwillingness to comply with the terms of
probation even where he could avoid incarceration altogether by doing so. Comer v.
State, 936 N.E.2d 1266, 1269 (Ind. Ct. App. 2010), trans. denied. Aynes’ probation
violation in this case is not his first failure to take advantage of the rehabilitation
opportunities offered to him. Prior to this instant probation violation, Aynes’ work
release privileges were revoked because of multiple violations of work release rules,
including a second positive drug screen. A record of repeated rehabilitation failure
indicates that Aynes has no respect for the law and for the opportunities afforded him,
and that he has no desire to conform his conduct to that of a law abiding citizen. See
Milliner v. State, 890 N.E.2d 789, 793 (Ind. Ct. App. 2008). Therefore, we find that the
trial court acted within its discretion to order Aynes to serve his remaining sentence.
CONCLUSION
Based on the foregoing, we conclude that the trial court did not abuse its discretion
in revoking Aynes’ probation and ordering him to serve the remainder of his sentence.
Affirmed.
FRIEDLANDER, J. and MATHIAS, J. concur