MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Jan 31 2020, 9:44 am
regarded as precedent or cited before any
CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
David W. Stone IV Curtis T. Hill, Jr.
Anderson, Indiana Attorney General
Megan M. Smith
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Jacob D. Hudson, January 31, 2020
Appellant-Defendant, Court of Appeals Case No.
19A-CR-1921
v. Appeal from the Madison Circuit
Court
State of Indiana, The Honorable Mark Dudley,
Appellee-Plaintiff Judge
Trial Court Cause No.
48C06-1811-F4-2954
Crone, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-1921 | January 31, 2020 Page 1 of 5
Case Summary
[1] Jacob D. Hudson appeals the trial court’s order revoking his placement in
community corrections and committing him to the Indiana Department of
Correction (“DOC”) to execute the remainder of his two-year sentence. He
asserts that the trial court abused its discretion in ordering the execution of his
sentence in the DOC. Finding no abuse of discretion, we affirm.
Facts and Procedural History
[2] In November 2018, the State charged Hudson with level 4 felony arson and
level 6 felony auto theft. Hudson agreed to plead guilty to both crimes as level
6 felonies on April 26, 2019. Pursuant to the plea agreement, the trial court
sentenced Hudson to two years of in-home detention.
[3] A little over a month later, the State filed a motion for revocation of community
corrections placement alleging that Hudson violated the terms and conditions
of his placement by failing to obtain a substance abuse evaluation, testing
positive for methamphetamine, failing to pay home detention fees, and failing
to submit to a requested drug screen. The State subsequently filed an amended
notice of violation to include additional allegations that Hudson committed
new criminal offenses by possessing a syringe and narcotics, testing positive for
amphetamine, norfentanyl, and norbuprenorphine, and failing to pay urine
drug screen fees.
[4] During an evidentiary hearing on the State’s motion, Hudson admitted to
violating his placement by using methamphetamine and norfentanyl, failing to
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submit to requested drug screening, and failing to pay home detention and drug
screen fees. The State dismissed the allegations that Hudson used amphetamine
and norbuprenorphine, and that he failed to obtain a substance abuse
evaluation. Hudson denied committing a new criminal offense. The State
presented evidence that on May 31, 2019, Anderson Police Department officers
found Hudson unresponsive in a pickup truck that had crashed into a bridge
railing. A syringe was located next to Hudson in the truck. Because officers
believed that Hudson was overdosing, they removed him from the truck and
administered a dose of Narcan. Hudson woke up and was transported to the
hospital. Officers found heroin in the pickup truck.
[5] At the conclusion of the hearing, the trial court accepted Hudson’s admissions
to violating the terms and conditions of his placement and further concluded
that the State had met its burden to prove, by a preponderance of the evidence,
that Hudson had committed the new crimes of unlawful possession of a syringe
and possession of a narcotic drug. Before the trial court announced its sanction
for Hudson’s violations, Hudson requested that he be permitted to serve the
remaining six months of his executed sentence, or at least the last ninety days,
in an inpatient treatment facility to address his addiction issues. The trial court
rejected Hudson’s request and instead ordered Hudson to serve the remainder
of his sentence in the DOC. This appeal ensued.
Discussion and Decision
[6] Hudson contends that the trial court abused its discretion in ordering a fully
executed sentence in the DOC as a sanction for his violation of his placement in
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community corrections. We begin by noting that placement in community
corrections is a “matter of grace” and a “conditional liberty that is a favor, not a
right.” Toomey v. State, 887 N.E.2d 122, 124 (Ind. Ct. App. 2008) (quoting
Million v. State, 646 N.E.2d 998, 1001 (Ind. Ct. App.1995)). Further, “[b]oth
probation and community corrections programs serve as alternatives to
commitment in the DOC and both are made at the sole discretion of the trial
court.” Holmes v. State, 923 N.E.2d 479, 482 (Ind. Ct. App. 2010).
[7] This Court treats a petition to revoke placement in a community corrections
program the same as a petition to revoke probation. Cox v. State, 706 N.E.2d
547, 549 (Ind. 1999). We review a trial court’s sentencing decision in a
probation revocation proceeding for an abuse of discretion. Puckett v. State, 956
N.E.2d 1182, 1186 (Ind. Ct. App. 2011). An abuse of discretion occurs when
the decision is clearly against the logic and effect of the facts and circumstances
before the court. Id. Upon finding a community corrections violation, the trial
court at its discretion may impose one or more of the following sanctions: (1)
change the terms of the placement; (2) continue the placement; or (3) revoke the
placement and commit the person to the DOC for the remainder of the
sentence. Ind. Code § 35-38-2.6-5.
[8] Here, the trial court revoked Hudson’s placement and committed him to the
DOC for the remaining six months of his sentence. In rejecting his request to
instead execute the remainder of his sentence, or at least a portion thereof, in a
treatment facility to address his addiction issues, the trial court emphasized
Hudson’s extensive history with the criminal justice system and noted that he
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had previously received services through drug court, purposeful incarceration,
CTP, COS, and in-home detention. Tr. Vol. 2 at 25. 1 Rather than successfully
complete any of those programs, Hudson repeatedly accumulated new criminal
charges. Hudson acknowledged, “I know that my past hasn’t really reflected
anything probably good.” Id. at 27. The trial court observed, “[Y]ou’ve been
given lots of chances[,]” and noted, “In my estimation other Judges have
already provided you everything that’s possible in the community and so I’m
left with revoking your [placement] to the Department of Correction based on
your admissions and the Court’s finding.” Id. at 30. Under the circumstances,
we cannot say that the trial court abused its discretion when it revoked
Hudson’s placement and ordered him to execute the remainder of his sentence
in the DOC.
[9] Affirmed.
May, J., and Pyle, J., concur.
1
CTP stands for community transition program. COS stands for continuum of sanctions.
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