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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.

FILED
May 05 2008, 10:44 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: JOSEPH F. THOMS Thoms & Thoms Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

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

No. 49A05-0711-CR-608

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven Rubick, Commissioner Cause No. 49F08-0508-CM-140288

May 5, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Jose Vasquez ("Vasquez") appeals the revocation of his probation. We affirm. Issue Vasquez raises one issue, which we re-state as: whether the trial court erred in revoking his probation. Facts and Procedural History On August 6, 2007, Vasquez was convicted of Battery and sentenced to a term of 180 days, with 179 of those suspended to probation. The Order of Probation contained a condition that Vasquez "not commit a criminal offense." Appendix at 34. Two weeks later, the State filed a Notice of Probation Violation, alleging that he was charged on August 13 with Inhaling Toxic Vapors, a Class B misdemeanor. 1 The State then filed its Amended Notice of Probation Violation, alleging an additional charge of Inhaling Toxic Vapors committed on August 20. On September 6, 2007, the trial court held a hearing, quoted in part below: Court: Defense: Court: Defense: Okay and have you talked to probation about this? We have Judge. We have reached an agreement on the probation matter as well. And that agreement is? That agreement would be absolute strict compliance, no excuse whatsoever, any violation entire backup time of 178 days in the Marion County jail. And then he would have backup time on this case too. I don't need a probation report. I don't need anything to violate him or to have him serve his suspended time. I understand. Are we real clear on that one?

Court:

Defense: Court:
1

Ind. Code

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