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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: MICHAEL J. SPENCER Bloomington, Indiana

FILED
Jun 01 2009, 8:30 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana ARTHUR THADDEUS PERRY Special Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANTHONY R. BRADFORD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 53A04-0807-CR-421

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Kenneth J. Todd, Judge Cause No. 53C03-0509-FC-571

JUNE 1, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

Anthony R. Bradford ("Bradford") appeals the revocation of his probation, arguing that the trial court abused its discretion by ordering Bradford to serve the remainder of his suspended sentence for Home Improvement Fraud1 as a Class C felony. We affirm. FACTS AND PROCEDURAL HISTORY On September 16, 2005, Bradford was charged with two counts of Home Improvement Fraud as Class C felonies, and two counts of Home Improvement Fraud as Class D felonies. On January 25, 2007, Bradford pleaded guilty to one count of Home Improvement Fraud as a Class C felony, and the other charges against him were dismissed. The trial court sentenced Bradford to four years imprisonment with all but one hundred and eight days suspended to probation. Bradford had credit for fifty-four days served, and the trial court placed Bradford on probation for three years and twohundred-fifty-seven days. The trial court expressly authorized the transfer of supervision of Bradford's probation to Tennessee. On April 9, 2008, the State filed a petition to revoke Bradford's probation. After a hearing on July 2, 2008, the trial court found that Bradford had violated the conditions of his probation and ordered Bradford to serve the remainder of his previously suspended sentence with credit for twenty days. Bradford now appeals. DISCUSSION AND DECISION Probation is a criminal sanction wherein a convicted defendant specifically agrees to accept conditions upon his behavior in lieu of imprisonment. Brabandt v. State, 797
1

See Ind. Code

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