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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
Apr 15 2008, 9:36 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: LANDOLL SORRELL Anderson, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ROBERT W. ANDERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 48A02-0710-CR-868

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable Dennis D. Carroll, Judge Cause No. 48D01-0511-FC-320

April 15, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Robert W. Anderson ("Anderson") appeals the revocation of his probation. We affirm. Issue Anderson raises the sole issue of whether there was sufficient evidence to support the revocation of his probation. Facts and Procedural History Pursuant to a plea agreement in 2006, a trial court sentenced Anderson to a term of thirty-six months, with fifteen months to be executed and twenty-one months suspended with probation. One of the conditions of his probation was that he not "violate the laws of Indiana or the U.S. and failure to behave well in society." Appendix at 8. On June 22, 2007, Anderson struck L.B. The State filed a Notice of Violation of Probation, stating that "you are alleged to have committed the following new criminal offense(s): Ct I: Battery, Class A Misdemeanor, as filed in Anderson City Court under Cause Number 48H02-0706-CM-001976." App. at 8. The trial court conducted an evidentiary hearing on the 2007 Battery charge and found that Anderson had violated a condition of his probation. On July 31, 2007, the trial court ordered fifteen months of Anderson's previously suspended sentence to be executed.1 Anderson now appeals. Discussion and Decision I. Standard of Review Robertson argues that there was not sufficient evidence that he struck L.B. The State 2

must prove a probation violation by a preponderance of the evidence. Ind. Code

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