James Ricketts v. State of Indiana (mem. dec.) ( 2016 )

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be Nov 14 2016, 8:56 am
regarded as precedent or cited before any CLERK
Indiana Supreme Court
court except for the purpose of establishing Court of Appeals
and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Douglas S. Walton Gregory F. Zoeller
Walton Law Office Attorney General of Indiana
Evansville, Indiana
Justin F. Roebel
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
James Ricketts, November 14, 2016
Appellant-Defendant, Court of Appeals Case No.
65A01-1603-CR-676
v. Appeal from the Posey Superior
Court
State of Indiana, The Honorable S. Brent Almon,
Appellee-Plaintiff. Judge 1
Trial Court Cause No.
65D01-1209-FC-438
1
Appellant failed to include the trial court judge on the front page of his Appellant’s Brief. See Indiana
Appellate Rule 43(I) (“The front cover . . . shall conform substantially to Form #App.R. 43-1,” which
includes the name and title of the presiding judge.). We urge him to follow that rule.
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May, Judge.
[1] James Ricketts appeals the trial court’s revocation of his probation. He argues
the trial court abused its discretion by ordering him to serve the remaining
balance of his four-year sentence after he violated his probation. We affirm.
Facts and Procedural History
[2] On June 24, 2014, Ricketts pled guilty to Class C felony nonsupport of a
dependent child. 2 Per the terms of a sentencing agreement, the trial court
ordered Ricketts to serve four years and suspended it all to probation. Under
the sentencing agreement, Ricketts agreed to standard good behavior
conditions, including reporting, payment of fees and other conditions imposed
by the court, maintaining full-time employment, and paying $200.00 each
month toward child support arrears. Ricketts further acknowledged he owed
$35,300.92 in child support arrears.
[3] On July 28, 2014, Probation Officer Courtney Price requested Ricketts undergo
a drug screening after she received information that Ricketts was using illegal
drugs. Ricketts’ urine tested positive for methamphetamine, and Ricketts
admitted using methamphetamine a few days prior to the drug screen. Price
requested Ricketts seek substance abuse counseling. Ricketts made an initial
call to Southwest Mental Health Center regarding counseling, but never
2
Ind. Code § 35-46-1-5 (2001).
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followed up thereafter. On August 7, 2014, and September 11, 2014, Ricketts
failed to appear for scheduled office meetings with Price.
[4] On November 12, 2014, Price requested Ricketts undergo a second drug screen.
Ricketts refused to take the drug test. Price warned Ricketts his refusal to
participate would result in Price filing a petition to revoke his probation.
Ricketts stated, “I don’t care, I will just go sit a year and be back, I’m not taking
it.” (1/26/16 Tr. at 22.)
[5] That same day, Price filed a Petition for Revocation of Probation on behalf of
the State. The State alleged Ricketts violated the terms of his probation by
failing to report for scheduled office appointments on two separate occasions,
failing an instant drug urine analysis, admitting to using methamphetamine,
refusing to cooperate in subsequent drug urine analyses, and failing to make
any effort towards payment of child support during August and September
2014. The court issued a warrant for Ricketts’ arrest.
[6] On November 9, 2015, Ricketts was arrested. 3 On December 22, 2015, the
court held an evidentiary hearing. Ricketts appeared before the court and
admitted the alleged violations of probation. The hearing was continued to
January 26, 2016. On January 26, 2016, the court held a dispositional hearing.
Price and Ricketts testified. Although Ricketts failed to make any payments
3
Other than the trial court renewing the arrest warrant on May 1, 2015, we note the record offers no
explanation for the one-year time lapse between the trial court’s initial issuance of the arrest warrant and
Ricketts’ arrest on November 9, 2015.
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toward his child support arrears in August or September 2014, the court noted
Ricketts made payments in June, July, October, and November 2014 totaling
$615.00. On February 23, 2016, the trial court revoked Ricketts’ probation and
ordered him to serve the balance of his four-year suspended sentence in the
Indiana Department of Correction.
Discussion and Decision
[7] “Probation is a matter of grace left to trial court discretion, not a right to which
a criminal defendant is entitled.” Prewitt v. State, 878 N.E.2d 184, 188 (Ind.
2007). “The trial court determines the conditions of probation and may revoke
probation if the conditions are violated.” Id. If a court finds a probationer has
violated a condition of probation, the court may “order execution of all or part
of the sentence that was suspended at the time of initial sentencing.” Ind. Code
§ 35-38-2-3(h)(3) (2015). One violation of a condition of probation is enough to
support a probation revocation. Pierce v. State, 44 N.E.3d 752, 755 (Ind. App.
Ct. 2015). We review probation violation determinations and sanctions for an
abuse of discretion. Id.
[8] At both the December 22, 2015 and January 26, 2016 hearings, Ricketts
admitted violating the conditions of his probation by failing to appear for
scheduled meetings, failing drug screens, and failing to make payments on his
child support arrears in August and September of 2014. Ricketts committed not
one, but multiple violations of his probation conditions. Because Indiana Code
section 35-38-2-3(h)(3) provides the trial court may order execution of all or part
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of a defendant’s suspended sentence upon a defendant’s probation violation, the
trial court did not abuse its discretion in doing so when Ricketts had committed
multiple violations. See Prewitt, 878 N.E.2d at 188 (courts have discretion
regarding which sanction to impose after finding a violation of probation).
Conclusion
[9] The trial court did not abuse its discretion when it ordered Ricketts to serve his
suspended sentence following his admission of multiple probation violations.
Accordingly, we affirm.
[10] Affirmed.
Kirsch, J., and Crone, J., concur.
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