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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
Feb 26 2010, 9:38 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: ROBERT D. KING, JR. Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana HENRY A. FLORES, JR. Deputy Attorney General Indianapolis, Indiana

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

No. 49A02-0905-CR-449

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge Cause No. 49G23-0804-FD-79078

February 26, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge

Travis Conn ("Conn") appeals from the trial courts order revoking his placement in Community Corrections after pleading guilty to possession of cocaine within 1000 feet of a family housing complex,1 a Class B felony. Conn presents the following issues for our review: I. Whether the trial courts statement revoking Conns placement at Community Corrections was adequate; and Whether the trial court abused its discretion by remanding Conn to the Department of Correction to serve the balance of his sentence after Conn admitted to violating the rules of Community Corrections.

II.

We affirm. FACTS AND PROCEDURAL HISTORY Conn pleaded guilty to Class B felony possession of cocaine on June 9, 2008, and was sentenced to six years to be served in Marion County Community Corrections ("Community Corrections"). On August 6, 2008, a "Notice of Violation of Community Corrections Rules" was filed alleging that Conn was a habitual conduct rule violator. The trial court held a revocation hearing on August 14, 2008, at which time the trial court found that Conn had violated the rules and, over objection, allowed Conn to continue to serve his sentence in Community Corrections subject to zero tolerance. On April 16, 2009, the trial court held another revocation hearing on the allegations that Conn again had violated the rules of Community Corrections by having over ten hours of unaccounted time, leaving work early without reporting, being terminated from his place of

1

See Ind. Code

Download Travis Conn v. State of Indiana.pdf

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