dissenting.
I respectfully dissent from the majority's conclusion that Davis's probation revocation hearing did not comport with due process. I acknowledge that an arrest, standing alone, will not support the revocation of probation. Tillberry, 895 N.E.2d at 417; Martin, 813 N.E.2d at 390. I also acknowledge that Davis's counsel did state that he "admit{ted] that [Davis] was arrested only." Tr. p. 4. If that were all that Davis admitted, I would agree with the majority that this would be insufficient to support the trial court's decision to revoke probation. See Martin, 813 N.E.2d at 391 (concluding that probationer's admission that he had been arrested was, by itself, insufficient to support revocation of probation).
However, immediately after this admission, Davis's counsel also stated, "The agreement is twelve years DOC contingent also upon the fact that if [Davis] beats that Court five case, we would be allowed to come back to have the twelve years revisit ed." Tr. p. 4 (emphasis added). The State then confirmed this agreement, by informing the trial court, "That is the agreement." Id. Only then did the trial court accept the parties' agreement and revoke Davis's probation.
As the majority correctly notes, when a probationer admits to a violation, the procedural due process safeguards are unnecessary. See Woods, 892 N.E.2d at 640. Here, Davis did not simply admit that he had been arrested; it is apparent from the references to "the agreement" between Davis and the State that he also agreed that his probation would be revoked, while reserving the right to "revisit" the issue if he was acquitted on the other pending charges.
In this sense, the present case is distinguishable from Martin, relied upon by the majority. In Martin, the probationer admitted only to the historical fact that he had been arrested. See 813 N.E.2d at 390 (wherein probationer stated, "I mean, if it's just a violation just getting arrested obviously I violated [beJeause I'm in jail."). Here, Davis not only admitted to the historical fact that he had been arrested, his counsel also agreed that his probation would be revoked. Although Davis did not personally speak during the revocation hearing, his counsel's admission is binding on him. See Parker v. State, 676 N.E.2d 1083, 1086 (Ind.Ct.App.1997) (affirming revocation of probation where probationer admitted to violation through counsel).
Under these facts and cireumstances, I would hold that Davis was not denied due process and affirm the trial court's decision to revoke his probation.