Preview:

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.

FILED
Mar 02 2009, 9:36 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MARK SMALL Indianapolis, IN

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana SHELLEY M. JOHNSON Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHN DIXON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0805-CR-304

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Carol J. Orbison, Judge Cause No. 49G22-0712-FC-257978

March 2, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

John Dixon appeals the trial court's revocation of his probation. On appeal, Dixon raises the following two issues: I. II. Whether there was sufficient evidence to support the revocation; and Whether the trial court erred when it failed to credit Dixon with the time he spent incarcerated between his arrest and the trial court's determination that he violated his probation.

We affirm and remand with instructions. FACTS AND PROCEDURAL HISTORY On February 22, 2008, Dixon entered into a plea agreement whereby he pleaded guilty to one count of strangulation1 and one count of criminal confinement,2 both class D felonies. The court sentenced Dixon to 545 days for the strangulation conviction, with the executed portion limited to the time served and the remaining 383 days suspended to probation, and to a consecutive 545 days, all suspended, for the criminal confinement conviction. The court also placed Dixon under a no contact order as to the victim, T.L. On March 31, 2008, a notice of probation violation was filed against Dixon. The notice alleged that Dixon had violated the no contact order by calling T.L. at her work and following her, and that he had spray-painted the internet address of a website containing lewd photos of T.L. on T.L.'s apartment wall. The notice also alleged that a bullet had been left on T.L.'s doorstep. Dixon was taken into custody on April 3, 2008.

1

See Ind. Code

Download 03020901jsk.pdf

Indiana Law