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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: LANDOLL SORRELL Anderson, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

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

No. 48A02-0701-CR-111

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Thomas Newman, Jr., Judge Cause No. 48D03-0504-FB-193

October 2, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Lewis Jones appeals the revocation of his probation. We affirm. ISSUES 1. Whether the evidence was sufficient to support the revocation of Jones' probation. 2. Whether the trial court erred in ordering Jones to serve the suspended sentence. FACTS On April 29, 2005, the State charged Jones with the following: Count 1, dealing in a schedule III controlled substance, as a class B felony; Count 2, maintaining a common nuisance, as a class D felony; and Count 3, possession of marijuana, as a class A misdemeanor. Jones pled guilty to all counts on August 23, 2006. On September 18, 2006, the trial court sentenced Jones to a ten-year suspended sentence and placed Jones on probation. The terms of Jones' probation required him, among other things, to "not be at a place where illegal drugs are being used or possessed, or where others are engaging in illegal activities"; to "abstain from illicit drug use"; and to "obey all municipal, state and federal laws . . . ." (App. 13). On October 19, 2006, the State filed a notice of violation of probation, alleging that on or about October 12, 2006, Jones committed the following offenses: Count 1, dealing in a schedule III controlled substance, as a class B felony; Count 2, possession of a controlled substance, as a class D felony; Count 3, possession of marijuana, as a class A

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misdemeanor; and Count 4, maintaining a common nuisance, as a class D felony. The trial court held a probation revocation hearing on November 6, 2006. During the hearing, Detective Kevin Early testified that on October 12, 2006, he and other officers with the Anderson Police Department executed a search warrant for Jones' residence, which Jones shared with his girlfriend, Mary Tanner. Detective Early testified that he observed several hydrocodone 1 pills lying on top of a dresser in a bedroom and also found several pill bottles in the dresser's drawers. According to Detective Early, some of the pill bottles were labeled in Jones' name, while others were unlabeled. Detective Early further testified that during a search of a "room just off the kitchen," (Tr. 24), officers found the following: "three (3) baggies of plant material that field tested positive for marijuana, [and] seven (7) hand rolled cigarette[s] that contain[ed] plant material, that also feel [sic] tested positive for marijuana" (Tr. 24-25); and a pill bottle with a prescription label indicating that it had contained hydrocodone and had been prescribed to "a female person," who did not live at the residence. (Tr. 25). Detective Early also testified that officers discovered a purse containing "another baggie of plant material that feel [sic] tested for marijuana and several pill bottles that did not have any labels" but contained approximately thirty tablets of hydrocodone and

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Hydrocodone is a schedule II controlled substance. Ind. Code

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