Sheila Johnson v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), Oct 21 2016, 8:08 am
this Memorandum Decision shall not be
CLERK
regarded as precedent or cited before any Indiana Supreme Court
Court of Appeals
court except for the purpose of establishing and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Deborah Markisohn Gregory F. Zoeller
Marion County Public Defender Agency Attorney General
Indianapolis, Indiana
Caryn N. Szyper
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Sheila Johnson, October 21, 2016
Appellant-Defendant, Court of Appeals Case No.
49A05-1603-CR-665
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Amy Jones, Judge
Appellee-Plaintiff. Trial Court Cause No.
49G08-1507-CM-26910
Vaidik, Chief Judge.
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Case Summary
[1] Sheila Johnson got into a dispute with her neighbors about toys her children
had thrown into their yard. In her children’s presence, Johnson pushed one of
her neighbors and slapped a phone out of his hands. Johnson also called her
neighbors derogatory names and encouraged her children to do the same.
Johnson was convicted of misdemeanor battery and sentenced to probation. As
a condition of her probation, the trial court ordered her to complete parenting
classes. Johnson now appeals, arguing that requiring her to complete parenting
classes as a condition of her probation is not reasonably related to her
rehabilitation for misdemeanor battery on her neighbor. Because Johnson
encouraged her children to participate in the taunting of the neighbor that she
battered, we conclude that requiring Johnson to complete parenting classes as a
condition of her probation is reasonably related to her treatment and the
protection of public safety. We therefore affirm the trial court.
Facts and Procedural History
[2] In June 2015, Josh VanWolde and his partner Kevin Doty lived next to
Johnson on the eastside of Indianapolis. Johnson lived with her two children,
her mother, and her deceased sister’s three children.
[3] One day that month, Josh found trash and children’s toys in their backyard and
told Kevin about it. Concerned about their dogs eating the trash and toys,
Kevin went to Johnson’s house to return the items and told Johnson that the
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children were throwing things in their yard. Johnson said she would “handle
it.” Tr. p. 44.
[4] Later that day, Josh and Kevin found more trash and toys in their backyard,
including some of the same toys from before. Josh accompanied Kevin to
Johnson’s house for the second time that day. Johnson was there, along with
her mother, “a variety of other similar aged women,” and the children. Id. at
18, 20, 29. Johnson was “instantly hostile and overly aggressive.” Id. at 18
(Josh explaining that it “went from [‘]we’d like to talk[’] to [‘]red zone[’] pretty
quick”). Josh took out his phone and tried to record the encounter; however,
Johnson shoved Josh off the steps and slapped the phone out of his hands.
Johnson told Josh and Kevin that it was their problem and that she was not
responsible for the children’s actions. See id. at 19, 28. Johnson swung her
arms at Josh, id. at 26 (Josh “flinch[ed]” in response), and called Josh and
Kevin “faggots” and made “gay jokes,” id. at 25, 28. Johnson also encouraged
the children to “shout and chant” these things to Josh and Kevin. Id. at 25. In
short, the situation was “out of control.” Id. at 20.
[5] Josh and Kevin went home and called 911. An officer from the Indianapolis
Metropolitan Police Department responded and spoke to Josh and Kevin first.
The officer then went to Johnson’s house. Johnson was “[e]xtremely aggressive
and uncooperative” with the officer and continued to refer to Josh and Kevin as
“faggots” in front of the children. Id. at 33-34. When the officer expressed
concern that Johnson was using this language in front of the children, Johnson
told the officer, “Don’t worry about my children, bit**.” Id. at 34.
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[6] The State later charged Johnson with Class B misdemeanor battery. Following
a bench trial, Johnson was convicted as charged. The trial court sentenced
Johnson to 180 days, with 178 days suspended to probation. As a condition of
her probation, the court ordered Johnson to complete parenting classes, anger-
management classes, and forty hours of community service.
[7] Johnson now appeals.
Discussion and Decision
[8] Johnson raises one argument on appeal. She contends that the trial court
abused its discretion in ordering her to complete parenting classes as a
condition of her probation. As a condition of probation, the trial court may
require a defendant to, among other things, “[p]articipate in a treatment
program, educational class, or rehabilitative service provided by a probation
department or by referral to an agency.” Ind. Code § 35-38-2-2.3(a)(4). The
trial court has broad discretion in determining the appropriate conditions of a
defendant’s probation. Meunier-Short v. State, 52 N.E.3d 927, 936 (Ind. Ct. App.
2016). Our review is limited to determining whether the conditions placed on
the defendant are “reasonably related to the treatment of the defendant and the
protection of public safety.” Id. (quotation omitted).
[9] Johnson argues that requiring her to complete parenting classes as a condition
of her probation is not “‘reasonably related’ to her rehabilitation for a
misdemeanor battery on a neighbor.” Appellant’s Br. p. 10; see also Appellant’s
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Reply Br. p. 5-8. We disagree. The facts show that the dispute in this case
started when the children threw trash and toys into Josh and Kevin’s backyard.
When Kevin went to Johnson’s house to address the issue, Johnson said she
would take care of it. But when some of the same toys were thrown back into
their yard later that same day, Josh and Kevin returned to Johnson’s house.
Johnson, who claimed no responsibility for the children’s actions, instantly
became hostile and aggressive with Josh and Kevin. In the children’s presence,
Johnson pushed Josh off the steps and slapped his phone out of his hands. She
also called Josh and Kevin derogatory names and encouraged the children to
shout and chant the same things to them, creating an “out-of-control” situation.
Because Johnson encouraged the children to participate in the taunting of the
neighbor that she battered, thereby involving them in her crime, we conclude
that requiring Johnson to complete parenting classes as a condition of her
probation is reasonably related to her treatment and the protection of public
safety. Accordingly, the trial court did not abuse its discretion.
[10] Affirmed.
Baker, J., and Najam, J., concur.
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