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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: BRIAN J. BELDING North Vernon, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

FILED
Apr 15 2011, 9:34 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
SHAWN T. PARKER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 40A01-1008-CR-412

APPEAL FROM THE JENNINGS CIRCUIT COURT The Honorable Jon W. Webster, Judge Cause Nos. 40C01-0711-FC-283, 40C01-0711-FC-284

April 15, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Shawn T. Parker ("Parker") appeals the trial courts order revoking his probation and ordering him to serve the balance of his executed sentence for each of two separate convictions for nonsupport of a dependent child. On appeal, Parker raises the following restated issues: I. Whether there was sufficient evidence of probation violations to warrant the revocation of Parkers probation; and Whether the trial court abused its discretion in ordering Parker to serve the balance of his originally suspended sentences.

II.

We affirm. FACTS AND PROCEDURAL HISTORY On March 5, 2008, Parker pleaded guilty to two charges of nonsupport of a dependent child,1 each as a Class D felony; one under cause number 40C01-0711-FC-283 ("Cause No. 283") and the other under cause number 40C01-0711-FC-284 ("Cause No. 284").2 The trial court sentenced Parker to thirty-six months for each conviction, to be served consecutively, but gave him credit for time served and ordered the remainder of his sentence suspended to probation provided that he comply with the terms of probation for thirty-four months. As a condition of probation, Parker was required to "support his dependents and meet all other family responsibilities, including timely payment of child support." Appellant's App. at 18, 23. As an additional term of probation, the trial court ordered that "[Parker] shall not test positive for any illegal substance." Id. at 19, 24.

1

See Ind. Code

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