Kevin Wayne Owens v. State of Indiana (mem. dec.)

<p>MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Oct 26 2020, 8:33 am court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Cara Schaefer Wieneke Curtis T. Hill, Jr. Wieneke Law Office, LLC Attorney General of Indiana Brooklyn, Indiana Benjamin J. Shoptaw Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Kevin Wayne Owens, October 26, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-939 v. Appeal from the Vigo Superior Court State of Indiana, The Honorable Michael J. Lewis, Appellee-Plaintiff. Judge Trial Court Cause No. 84D06-1801-F5-336 Bailey, Judge. Court of Appeals of Indiana | Memorandum Decision 20A-CR-939 | October 26, 2020 Page 1 of 4 Case Summary [1] Kevin Wayne Owens (“Owens”) appeals an order of the trial court that revoked his probation and ordered him to serve three years of his previously suspended sentence in the Indiana Department of Correction (“the DOC”). Owens presents the issue of whether the trial court abused its discretion when it ordered him to serve three years in the DOC. We affirm. Facts and Procedural History [2] On June 17, 2019, Owens pled guilty to Dealing in Methamphetamine, as a Level 5 felony.1 He was given a suspended six-year sentence, with two years to be served on formal probation and 936 days to be served on informal probation. On July 30, 2019, Owens began his formal probation. On September 6, 2019, he failed to appear for an appointment with his probation officer. He also failed to notify his probation officer of a change in residence. Specifically, Owens had left a residential drug treatment program, Club Soda, where he had been placed as part of criminal proceedings in Vermillion County. On September 25, 2019, the State filed a Notice of Probation Violation and petitioned to revoke Owens’s probation. [3] On March 25, 2020, the trial court conducted a hearing, at which Owens testified and admitted to the alleged violations. He testified that he suffered 1 Ind. Code § 35-48-4-1.1(a)(2). Court of Appeals of Indiana | Memorandum Decision 20A-CR-939 | October 26, 2020 Page 2 of 4 from depression and anxiety, he was embarrassed to face his probation officer because he had lost a job, and he had walked away from Club Soda because the availability of drugs threatened his sobriety. The trial court found Owens in violation of the terms of his probation and revoked his probation. Owens was ordered to serve three years of his suspended sentence in the DOC. The trial court recommended to the DOC that Owens be placed in a Purposeful Incarceration program. Owens now appeals. Discussion and Decision [4] Probation may be revoked where: (1) the person violated a condition of the probation during the probationary period; and (2) the petition to revoke probation was filed ...</p><br>
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