ON PETITION TO TRANSFER
PER CURIAM.Appellant Ernest B. Ashba, Ir., was sentenced to six years in prison for burglary. The trial court suspended four years of the sentence and placed him on probation. Eventually, the Department of Correction paroled Ashba, who committed another offense while on parole. The Department revoked his parole and ordered him to serve 180 days in prison. The trial court then revoked his probation and ordered an additional 180 days executed.
The Court of Appeals held that the trial court was authorized to revoke Ashba's probation while he was at the Department of Correction serving the 180 days for violating parole. It also rejected Ashba's contention that double jeopardy prohibited revoking both parole and probation based on a single post-release offense. Ashba v. State (1991), Ind.App., 570 N.E.2d 937.
The Court of Appeals correctly decided these issues of first impression. We grant transfer and affirm their decision. Ind.Appellate Rule 11(B)(8).
SHEPARD, C.J., and GIVAN, DICKSON and KRAHULIK, JJ., concur. DeBRULER, J., dissents with opinion.