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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: DAVID W. STONE IV Anderson, Indiana

FILED
Dec 21 2010, 8:18 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana JAMES E. PORTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DOUGLAS N. WHITE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 48A05-1004-CR-317

APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Rudolph R. Pyle III, Judge Cause Nos. 48C01-0206-FC-175 48C01-0301-FD-34 48C01-0306-FC-187

DECEMBER 21, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Douglas White appeals the revocation of his probation and imposition of his entire suspended sentence. We affirm. ISSUES White presents two issues for our review, which we restate as: I. Whether there was sufficient evidence to prove White violated his probation. Whether the trial court abused its discretion in ordering White to serve his entire suspended sentence. FACTS AND PROCEDURAL HISTORY On March 3, 2004, White pleaded guilty to three charges in three different cases. In Cause No. 48C01-0206-FC-175 ("FC-175"), he pleaded guilty to nonsupport of a dependent child, a Class C felony, and he was sentenced to eight years with two years executed on home detention and six years suspended to probation. In Cause No. 48C010301-FD-34 ("FD-34"), White pleaded guilty to resisting law enforcement, a Class D felony, and was sentenced to eighteen months with six months to be served on home detention and one year suspended to probation. Finally, in Cause No. 48C01-0306-FC187 ("FC-187"), White pleaded guilty to forgery, a Class C felony. He was sentenced to

II.

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four years with two years to be served on home detention and two years suspended to probation. All three sentences were to be served consecutively. On February 23, 2010, the State filed a notice of violation of probation in all three causes. The trial court held a hearing on the alleged violations and found that White had violated his probation in all three causes. The trial court revoked Whites entire

suspended sentence in each of the three causes (i.e., six years in FC-175, one year in FD34 and two years in FC-187) and ordered them to be served consecutively for an aggregate sentence of nine years. It is from the trial courts revocation of his probation and imposition of his entire suspended sentence that White now appeals. DISCUSSION AND DECISION I. SUFFICIENCY OF THE EVIDENCE White first contends that the State failed to present evidence sufficient to support the revocation of his probation. Specifically, he asserts that the State did not prove that he committed resisting law enforcement and that the probation officers testimony was inadmissible hearsay. A revocation hearing is in the nature of a civil proceeding, and the State must prove an alleged violation only by a preponderance of the evidence. Ind. Code

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