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FOR PUBLICATION
ATTORNEY FOR APPELLANT: RYAN D. BOWER Allen Allen & Brown Salem, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ERIC P. BABBS Deputy Attorney General Indianapolis, Indiana

FILED
Sep 28 2012, 9:35 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 88A01-1203-CR-93

APPEAL FROM THE WASHINGTON CIRCUIT COURT The Honorable Larry W. Medlock, Judge Cause No. 88C01-9609-CF-350 88C01-0008-CM-238 88C01-0101-CM-015 88C01-0301-FD-046 88C01-0304-FB-128

September 28, 2012

OPINION - FOR PUBLICATION

ROBB, Chief Judge

Case Summary and Issue Paul Hardy appeals the trial court's revocation of his probation in multiple cases. For our review, Hardy raises one issue: whether the trial court properly ordered him to serve all of his previously suspended sentences when it revoked his probation. Concluding the trial court did not abuse its discretion in its disposition of Hardy's probation revocation, we affirm. Facts and Procedural History This case concerns the status of five separate but ultimately inter-related criminal cases against Hardy: Cause Number 88C01-9609-CF-350 ("Cause 350"): Hardy was convicted in 1997 of three counts of burglary, all Class C felonies. He was sentenced to ten years in the Indiana Department of Correction ("DOC"), with four years suspended to probation. He began serving his probation on December 23, 1999, with a "maximum termination date" of December 23, 2003. Appellant's Appendix at 26. Cause Number 88C01-0008-CM-238 ("Cause 238"): Hardy was convicted in 2000 of operating a vehicle while never licensed, a Class C misdemeanor. He was sentenced to sixty days in jail, with credit for one day served and the remainder suspended to probation. He began serving his probation on October 9, 2000, with a maximum termination date of December 8, 2000. Cause Number 88C01-0101-CM-15 ("Cause 15"): Hardy was convicted on February 28, 2002, of operating a vehicle while never licensed, a Class C misdemeanor. He was

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sentenced to sixty days in jail with twenty days to be executed and the remaining forty days suspended. He was also placed on probation for one year, with a maximum termination date of March 7, 2003. As part of the plea agreement resolving Cause 15, petitions for revocation of probation that had been filed in Cause 350 and Cause 238 were dismissed. January 29, 2004 Plea Agreement (Cause Numbers 88C01-0304-FB-128 ("Cause 128"), 88C01-0301-FD-46 ("Cause 46"), and 88C01-0306-FB-228 ("Cause 228")1): On January 29, 2004, Hardy pleaded guilty to residential entry, a Class D felony, in Cause 128; theft, a Class D felony, in Cause 46; and dealing in a schedule II controlled substance, a Class B felony, in Cause 228. He was sentenced to consecutive terms of three years for residential entry, two years for theft, and ten years for dealing, for a total sentence of fifteen years with five years suspended to probation, to "run consecutive to current probation" in Causes 15, 238, and 350. Id. at 39. Also as part of the plea agreement, petitions for probation revocation filed in Causes 15, 238, and 350 were dismissed. He began serving his probation as a result of this plea agreement on January 19, 2010, with a maximum termination date of January 18, 2015. Hardy was released from incarceration on May 8, 2009. On February 11, 2010, the trial court, at the request of the State and Hardy, extended Hardy's probation in Causes 350, 238, and 15 to be completed by January 8, 2014. Thereafter, in May and June of 2011, petitions for revocation were filed in the five causes now on appeal. On February 2, 2012, the trial court issued the following order:

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Cause 228 is not part of this appeal, but is included herein in the interests of completeness.

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The Court having taken ruling under advisement and being duly advised, does now grant the State's request and Orders that Paul Hardy's probation in all cases be revoked and that [Hardy] serve his remaining suspended sentence at the Indiana Department of Correction and Washington County Jail as set out below: A. To the Indiana Department of Correction in [Cause 350], 4 years; B. To the Washington County Jail in [Cause 238], 58 days; C. To the Washington County Jail in [Cause 15], 40 days; D. To the Indiana Department of Correction for a total of 5 years, 2 years in [Cause 46]; 3 years in [Cause 128] (to run consecutively) E. All sentences are to be served consecutively. The Court, being duly advised, hereby grant's [sic] the State's request and Orders that Paul Hardy's probation in [Causes 350, 46, and 128] be revoked and that [Hardy] serve his remaining sentence of 3,285 days at the Department of Correction and [Cause 238] be revoked and [Hardy] serve his remaining sentence of 58 days at the Washington County Jail and [Cause 15] be revoked and that [Hardy] serve his remaining sentence of 40 days (to run consecutive) at the Washington County Jail. [Hardy] shall receive 16 days good time credit, 8 actual days. Amended Appellant's Brief at 10-11. Hardy appeals the trial court's disposition upon revoking his probation. Discussion and Decision I. Standard of Review Probation revocation is a two-step process. Alford v. State, 965 N.E.2d 133, 134 (Ind. Ct. App. 2012), trans. denied. First, the court must make a factual determination that a violation of a condition of probation has occurred. Id. Second, the trial court must determine if the violation warrants revocation of the probation. Ripps v. State, 968 N.E.2d 323, 326 (Ind. Ct. App. 2012). Upon revoking probation, the trial court may impose one of several sanctions provided by statute. Alford, 965 N.E.2d at 134; see also Ind. Code

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