Daymude v. State , 540 N.E.2d 1263 ( 1989 )

ON PETITION FOR REHEARING

The State petitions for rehearing claiming that in our opinion of July 19, 1989, Daymude v. State (1989), Ind.App., 540 N.E.2d 1263, we erred in finding that the trial court ordered Daymude to undergo counseling.¹

It is true that the trial court never ordered Daymude per se to participate in counseling. Daymude, however, did sign a petition for informal adjustment which was approved by Greene Juvenile Court Judge, The Honorable David K. Johnson. As part of Channon's treatment, the court-approved petition required that Daymude, his wife and Channon participate in family counseling. Further, the petition provided that if Daymude failed to follow the treatment program, the "matter may be referred to the Department of Public Welfare or the Prosecutor for formal Court proceedings." Thus, although the trial court technically did not order Daymude to participate in the counseling, Daymude did participate under the threat of court action. The issue set forth in our opinion correctly characterized the above facts. Accordingly, our decision remains the same.

Petition for Rehearing Denied.

RATLIFF, C.J., and ROBERTSON, J., concur.

1 . The record was supplemented by affidavits from both parties.