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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 A. HAPPE Lockwood Williams & Happe Anderson, Indiana

FILED
Jul 31 2008, 9:39 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEES: STEVE CARTER Attorney General of Indiana KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0801-CR-66

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robert Altice, Judge The Honorable Steven Rubick, Master Commissioner Cause No. 49G02-0408-FB-146048 July 31, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BRADFORD, Judge

Following a probation revocation hearing, Appellant-Defendant Jonathan Brewster was found to be in violation of his probation imposed following his conviction for Class C felony Burglary.1 The trial court revoked Brewster's probation and ordered him to serve his remaining previously suspended 730-day sentence in the Department of Correction ("DOC"). Upon appeal, Brewster argues that the trial court abused its

discretion in rejecting his purported plea agreement for his probation violation and in revoking his probation. We affirm. FACTS AND PROCEDURAL HISTORY On February 25, 2005, Brewster was convicted of burglary as a Class C felony pursuant to a written plea agreement. The court sentenced Brewster to three years, with 338 days executed in the DOC and placed him on probation for 730 days.2 On July 1, 2006, Brewster was charged with Class C felony carrying a handgun without a license. On August 18, 2006, Brewster pled guilty to the charge through a written plea agreement, for which he was sentenced to two years executed in the DOC. Pursuant to the court's order, this executed sentence tolled Brewster's probation for his burglary conviction. On or about November 20, 2007, Brewster was arrested and charged with possession of marijuana and resisting law enforcement, both Class A misdemeanors. At

1

Ind. Code

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