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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: KIMBERLY A. JACKSON Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana SCOTT L. BARNHART Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RONALD D. LUTHE, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 01A04-0708-CR-454

APPEAL FROM THE ADAMS CIRCUIT COURT The Honorable Frederick A. Schurger, Judge Cause No. 01C01-0206-FD-10

December 26, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Ronald D. Luthe ("Luthe") appeals the revocation of his probation. We reverse. Issue Luthe raises the issue of whether the State presented sufficient evidence that he violated the terms of his probation. Facts and Procedural History Pursuant to a plea agreement, Luthe pled guilty to Nonsupport of a Dependent Child, as a Class D felony.1 The trial court sentenced Luthe to the maximum three-year term of imprisonment, suspended entirely to probation. The terms of Luthe's probation included paying $10,216.10 in arrearage as restitution "before the defendant is to be released from Probation" and making his child support payments. Appendix at 50. On July 1, 2004, the State filed a Violation of Probation Petition ("Petition"), alleging that Luthe paid no child support between April 12, 2004 and June 23, 2004.2 On May 27, 2005, the trial court held a status hearing with Luthe in attendance. The trial court set a cash bond of $7000 and scheduled an additional status hearing for July 21, 2005. Luthe's mother posted the bond. During the July 21 hearing, which Luthe attended, the trial court ordered the bond to be applied to Luthe's child support obligation. Also, the trial court scheduled an evidentiary hearing for September 22, 2005. Luthe failed to appear for the evidentiary hearing. The State admitted one exhibit, but
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Ind. Code

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