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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
Nov 16 2011, 9:15 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: THOMAS G. GODFREY Anderson, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JUSTIN B. TROXELL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 48A02-1104-CR-352

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis D. Carroll, Judge Cause No. 48D01-0802-FC-49

November 16, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Justin B. Troxell appeals the revocation of his probation after he was charged with attempted rape and conspiracy to commit rape. We affirm. ISSUES 1. Whether the State presented sufficient evidence to rebut Troxell's claim that revocation was improper because he was entrapped. Whether the evidence should have been excluded because the Muncie Police Department engaged in outrageous conduct. FACTS On April 8, 2008, Troxell pled guilty in Madison Superior Court 1 to two counts of battery by means of a deadly weapon, class C felonies. 1 On June 9, 2008, the trial court sentenced Troxell to eight years on each count with the sentences to run concurrently. The sentencing order provided that "[t]hree and one-half years of the defendant's eight (8) year sentence is ordered executed at the Indiana Department of Correction, balance suspended." (App. 56). The sentencing order further provided that Troxell was to be placed on probation for four and one-half years. On May 20, 2010, Susan Terry, a Muncie resident, contacted Troxell, who was out on probation, and asked him to lend her money so she could retrieve her impounded vehicle. Following the original contact, Troxell initiated a continuing conversation with Terry via text messaging. The texts began with Troxell's suggestion that Terry earn the money by engaging in various sex acts, including urinating on him, supplying him with
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Ind. Code

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