Jones v. State, 885 N.E.2d 1286 (Ind. 2008). · Go Syfert
Jones v. State, 885 N.E.2d 1286 (Ind. 2008). Cases Citing This Book View Copy Cite
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82 citation events (82 in the last 25 years) across 2 distinct courts.
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2008 2017 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Elijah Abraham Krider v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the action taken by a trial court in a probation revocation proceeding is not a sentencing.
discussed Cited as authority (verbatim quote) Lonnie D. Sewell v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
a trial court's action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by the rule. the review and revise remedy of app. r. 7(b) is not available.
discussed Cited as authority (verbatim quote) Marlin R. Edwards, Jr. v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
a trial court's action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by rule 7(b).
discussed Cited as authority (verbatim quote) Kenyatta Robinson v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
a trial court's action in a post- sentence probation violation proceeding is not a criminal sentence as contemplated by the rule.
discussed Cited as authority (verbatim quote) Jody A. Bailey v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
a trial court's action in a post- sentence probation violation proceeding is not a criminal sentence as contemplated by the rule. the review and revise remedy of app. r. 7(b) is not available.
discussed Cited as authority (quoted) Gary L. Taylor v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
a trial court's action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by the rule. the review and revise remedy of app. r. 7(b) is not available.
discussed Cited as authority (rule) Brandon L Keener v. State of Indiana
Ind. Ct. App. · 2025 · confidence medium
To the extent Keener is attempting to shoehorn in an Indiana Appellate Rule 7(B) challenge to his probation revocation sentence in the Nuisance Cause, we direct Keener to his own briefing: “Appellate Rule 7 (B) [sic] does not apply to a revocation of probation,” Appellant’s Br. at 24 (citing Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008)).
discussed Cited as authority (rule) David M. Riley v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
Appellate Rule 7(B) “is not the correct standard to apply when reviewing a trial court’s actions in a post-sentence probation violation proceeding.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008); see also Prewitt v. State, 878 N.E.2d 184 (Ind. 2007).
cited Cited as authority (rule) Sergio Villegas-Solache v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited as authority (rule) Cyril Washington v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Id. (quoting Jones v. State, 885 N.E.2d 1286, 1289 (Ind. 2008)).
discussed Cited as authority (rule) Douglas Flagle v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
The Indiana Supreme Court has previously explained that Indiana Appellate Rule 7(B)’s inappropriate analysis “is not the correct standard to apply when reviewing a trial court’s actions in a post-sentence probation violation proceeding.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited as authority (rule) Bradly Paul Canter v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
Court of Appeals of Indiana | Memorandum Decision 32A01-1606-CR-1289 | March 23, 2017 Page 3 of 4 Jones v. State, 885 N.E.2d 1286, 1289-90 (Ind. 2008).
cited Cited as authority (rule) Robert A. Ellington, III v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008). [11] Sentences or sanctions imposed for probation violations may be reviewed only for abuse of the sentencing court’s discretion.
discussed Cited as authority (rule) Daniel Schuler v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
In Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008), our supreme court observed that the appellate evaluation of whether a trial court’s sanctions are “inappropriate in light of the nature of the offense and the character of the offender” is not the correct standard to apply when reviewing a trial court’s actions in a post-sentence probation violation proceeding.
discussed Cited as authority (rule) Kent R. Blair, Sr. v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Because “[a] trial court’s action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by the rule … [t]he review and revise remedy of [Rule] 7(B) is not available.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
discussed Cited as authority (rule) Barry R. Hasche v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
In the context of probation revocation, our supreme court has determined that the Indiana Appellate Rule 7(B) standard for revision of inappropriate sentences “is not the correct standard to apply when reviewing a trial court’s actions” because the action “is not a criminal sentence as contemplated by the rule.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited as authority (rule) Jeremy McCool v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
discussed Cited as authority (rule) Joshua T. Trammell v. State of Indiana
Ind. Ct. App. · 2015 · confidence medium
The trial court could not malee a change to the original sentencing order in a probation revocation hearing because the action taken by a trial court in such a proceeding is not a sentencing, but a determination of "the extent to which the court’s conditional suspension of the original sentence should be modified....” Jones v. State, 885 N.E.2d 1286, 1289 (Ind.2008).
discussed Cited as authority (rule) Kyle E. Marvel v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · confidence medium
As our Indiana Supreme Court has explained: [T]he action taken by a trial court in a probation revocation proceeding is not a “sentencing.” The court is merely determining whether there has been a violation of probation and, if so, the extent to which the court’s conditional suspension of the original sentence should be modified and/or whether additional conditions or terms of probation are appropriate. [16] Jones v. State, 885 N.E.2d 1286, 1289 (Ind. 2008).
discussed Cited as authority (rule) Keith Rich v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · confidence medium
In the context of probation revocation, our supreme court has determined that the Indiana Appellate Rule 7(B) standard for revision of inappropriate sentences “is not the correct standard to apply when reviewing a trial court’s actions” because the action “is not a criminal sentence as contemplated by the rule.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
discussed Cited as authority (rule) Jeffrey S. Taylor v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
Within the context of a probation revocation, it is well settled that the Indiana Appellate Rule 7(B) standard for reviewing whether a defendant’s sentence is inappropriate “is not the correct standard to apply when reviewing a trial court’s actions” because the action “is not a criminal sentence as contemplated by the rule.” See Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008); Prewitt v. State, 878 N.E.2d 184, 187-88 (Ind. 2007). 4 Taylor testified that when the weather improved, he would begin working for Taylor Construction at a weekly wage of “probably” $500.
discussed Cited as authority (rule) Anthony D. Dunn v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
In the context of probation revocation, our supreme court has determined that the Indiana Appellate Rule 7(B) standard for revision of inappropriate sentences “is not the correct standard to apply when reviewing a trial court’s actions” because the action “is not a criminal sentence as contemplated by the rule.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited as authority (rule) Jerrimica T. Madding v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited as authority (rule) Brent R. Gilbert v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
The review and revise remedy of App. R. 7(B) is not available.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited as authority (rule) Brandon Kincheloe v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
Id. (quoting Jones v. State, 885 N.E.2d 1286, 1289 (Ind. 2008)).
cited Cited as authority (rule) Adam J. Smith v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008); Prewitt v. State, 878 N.E.2d 184, 187-88 (Ind. 2007).
discussed Cited as authority (rule) Andra Dossey v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
However, Rule 7(B) is not applicable to probation revocations because “[a] trial court’s action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by the rule.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited as authority (rule) M. Loren Fugate v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008). 6 Brown testified that Fugate was not allowed to have any photographs of minors.
discussed Cited as authority (rule) Harold W. Reynolds v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
However, Rule 7(B) is not the correct standard to apply when reviewing a trial court’s revocation decision because “[a] trial court’s action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by the rule.” Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
discussed Cited as authority (rule) Wooten v. State
Ind. Ct. App. · 2011 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1289 (Ind.2008) (holding that the trial court’s action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by Appellate Rule 7(B)).
discussed Cited as authority (rule) Dawson v. State
Ind. Ct. App. · 2010 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1289 (Ind.2008) (holding that the trial court's action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by Appellate Rule 7(B)).
cited Cited as authority (rule) Runyon v. State
Ind. Ct. App. · 2010 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind.2008).
discussed Cited as authority (rule) Milliner v. State (2×)
Ind. Ct. App. · 2008 · confidence medium
Jones v. State, 885 N.E.2d 1286, 1290 (Ind.2008).
cited Cited "see" Frank E. Sholar, Jr. v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · signal: see · confidence high
See Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
discussed Cited "see" Justin R. Brightwell v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · signal: see · confidence high
See Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008) (probation-violation sanctions are not criminal sentences contemplated by Indiana Appellate Rule 7(B)).
discussed Cited "see" Shaun S. Nesbit v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · signal: see · confidence high
See Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008) (explaining that the sanctions imposed for a probation violation are not subject to review for inappropriateness pursuant to Ind. App. R. 7(B)).
cited Cited "see" Daniel R. Jones v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · signal: see · confidence high
See Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008).
cited Cited "see" Puckett v. State
Ind. Ct. App. · 2011 · signal: see · confidence high
See Jones v. State, 885 N.E.2d 1286, 1290 (Ind.2008).
discussed Cited "see" Davidson v. State (2×)
Ind. Ct. App. · 2009 · signal: see · confidence high
See Jones v. State, 885 N.E.2d 1286, 1290 (Ind.2008).
discussed Cited "see" Gibson v. Indiana Department of Correction
Ind. Ct. App. · 2008 · signal: see · confidence high
See Jones v. State, 885 N.E.2d 1286 , 1289 & n. 3 (Ind.2008) (holding that sexually violent predator determination must occur at *49 sentencing, and noting that lifetime registration resulting from a sexually violent predator determination most assuredly has penal implications and runs afoul of ex post facto considerations).
discussed Cited "see, e.g." David West v. State of Indiana
Ind. Ct. App. · 2012 · signal: see also · confidence medium
See id. at 188 ; see also Jones v. State, 885 N.E.2d 1286, 1290 (Ind. 2008) (noting that a remedy under Ind. Appellate Rule 7(B) is not available on appeals from a probation revocation hearing); Milliner v. State, 890 N.E.2d 789, 793 (Ind. Ct. App. 2008) (noting that we do not review probation revocations under Ind. Appellate Rule 7(B) and that the court did not abuse its discretion in revoking the defendant’s probation), trans. denied. 2 possession of child pornography as class D felonies.
Retrieving the full opinion text from the archive…
Alan C. JONES, (Defendant below)
v.
STATE of Indiana, (Plaintiff below)
No. 61S01-0711-CR-560.
Indiana Supreme Court.
May 15, 2008.
885 N.E.2d 1286
Patricia Caress McMath, Indianapolis, IN, for Appellant., Steve Carter, Attorney General of Indiana, Joby Jerrells, Deputy Attorney General, Indianapolis, IN, for Appellee.
Boehm, Dickson, Rucker, Shepard, Sullivan.
Cited by 47 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Indiana Court of Appeals (1)
DICKSON, Justice.

The defendant, Alan C. Jones, appeals from the trial court’s order revoking his probation and suspended sentence, ordering him to serve the full sentence imposed, finding him to be a Sexually Violent Predator (SVP), and ordering him to register as an SVP for his lifetime. The Court of Appeals affirmed. Jones v. State, 873 N.E.2d 725 (Ind.Ct.App.2007). We granted transfer and now hold that the language of the SVP statute does not authorize a trial court to initiate an SVP determination for the first time during a probation revocation proceeding.

Early in 2002, when he was twenty-two years old, the defendant had a three-month sexual relationship with a thirteen-year old girl. As a result, the defendant was charged with four counts of Child Molestation,[1] as class A, B, and C felonies. Pursuant to a written plea agreement, the State agreed to dismiss three counts, and the defendant entered a plea of guilty to one count as a class B felony with a prescribed sentence of twenty years and ten years suspended to probation subject to specific agreed terms plus “whatever [additional] terms the Court deems appropriate.” Appellant’s App’x at 43. These additional terms, titled “Parke County' Special Probation Conditions for Adult Sex Offenders,” were expressly acknowledged and incorporated by reference in the plea agreement. Id. One of those additional terms required the defendant to “register with local law enforcement authorities as a sex offender within seven (7) days of being released to probation supervision in accordance with IC 5-2-12-5.” Appellant’s App’x at 52. After receiving credit time, the defendant was released to probation on January 6, 2006. Several months later, as part of his court-mandated probation conditions, he took a polygraph examination at a treatment facility, wherein he admitted several violations of his probation, including having sexual contact with the victim of the crime he was on probation for, viewing pornography, as well as drinking alcohol, and consuming illegal drugs. On January 23, 2007, the trial court found that the[*1288] defendant had violated the terms of his probation and initiated proceedings to determine whether the defendant was an SVP. At the conclusion of an evidentiary-hearing on March 1, 2007, the trial court ordered reinstatement of the ten year suspended portion of the defendant’s original sentence, found that “the defendant is a serious violent predator as described in I.C. 35-38-1-7.5,” and ordered the defendant “to register, with local law enforcement pursuant to I.C. 11-8-8,” which requires that a sex offender who is a Sexually Violent Predator must register on the Sex Offender Registry for life. Appellant’s App’x at 71.

In this direct appeal from the trial court’s order at the conclusion of the probation revocation proceeding, the defendant makes two claims: (1) that the trial court improperly determined him to be an SVP when “sentencing him for a probation violation,” and (2) that imposing the entire balance of his ten year sentence was “an abuse of discretion and inappropriate.” Appellant’s Br. at 1.

Sexually Violent Predator Determination

The defendant contends that the trial court erred when, as part of the probation revocation proceeding, it undertook to determine that he was an SVP and ordered him to lifetime registration as an SVP. He argues that the statutory language authorizes an SVP evaluation and determination to be made at the time of the initial sentence, but not at a subsequent probation revocation proceeding. Appellant’s App’x at 3.

On the date of the defendant’s original sentencing, August 12, 2002, the trial court ordered that, as a condition of future probation, the defendant must register “as a sex offender ... in accordance with IC 5-2-12-5.” Appellant’s App’x at 52, specifically “Parke County Special Probation Conditions for Adult Sex Offenders.” When it originally sentenced the defendant, the trial court did not find the defendant to be a “sexually violent predator.” At that time, the statute designated by the trial court provided that an offender’s duty to register would expire ten years after the defendant is placed' on probation, subject to two exceptions not applicable in this case.[2] Had the defendant been found to be an SVP when he was sentenced in 2002, he would have been required to “register for an indefinite period unless a court, assisted by a board of experts, finds that [he] is no longer a sexually violent predator.” Ind.Code § 5-2-12-13(b) (2001). By the time of the defendant’s probation revocation proceedings, however, the statute had been amended to require a Sex Offender who is an SVP “to register for life.” Ind.Code § ll-8-8-19(b) (2006).

On January 23, 2007, when the trial court found that the defendant had violated the terms and conditions of his probation, it declared that “per I.C. 35-38-1-7.5 [the court] must determine whether the [defendant is a ‘sexually violent predator’ ... at or prior to sentencing.” Appellant’s App’x at 67. The following portions of the statute cited by the trial court are central to this appeal:

(b) This section applies whenever a court sentences a person for a sex offense listed in IC 5-2-12^(a)(l> through IC 5-2-12-4(a)(l0) for which the person is required to register with a local law enforcement agency under IC 5-2-12-5.
(c) At the sentencing hearing, the court shall determine whether the per[*1289] son is a sexually violent predator. Before making a determination under this section, the court shall consult with a board of experts consisting of two (2) board certified psychologists or psychiatrists who have expertise in criminal behavioral disorders.

Ind.Code § 35-38-l-7.5(b) and (c) (2001) (emphasis added).[3] Focusing on the words “sentences” and “sentencing,” the defendant urges that this statute authorizes an SVP determination only at the time of the original sentencing and not during a probation revocation proceeding. The State argues that the “plain meaning of ‘whenever’ applies to a sentence imposed at a probation revocation,” and that this is consistent with legislative intent and sound public policy. Appellee’s Br. at 7.

We are not persuaded that the word “whenever” alters the clear and plain language limiting the subsection’s application to initial sentencing proceedings. In addition to the unambiguous text of the statute, we note that Section 7.5 is located within Chapter 1, which is titled “Entry of Judgment and Sentencing,” and is not located in Chapter 2, “Probation.” Furthermore, the action taken by a trial court in a probation revocation proceeding is not a “sentencing.” The court is merely determining whether there has been a violation of probation and, if so, the extent to which the court’s conditional suspension of the original sentence should be modified and/or whether additional conditions or terms of probation are appropriate.

The plea agreement that served as the basis for the trial court’s initial sentencing expressly included the defendant’s acknowledgment that the ten year suspension of his twenty year sentence would be subject to conditions of probation, and at sentencing, the trial court’s conditions included that upon his release to probation the defendant must register as a “sex offender in accordance with IC 5-2-12-5.” Appellant’s App’x at 52, specifically “Parke County Special Probation Conditions for Adult Sex Offenders.” At that time, the cited statute required only a ten-year registration period for the defendant. Neither the plea agreement nor the trial court’s sentencing judgment made any reference to the defendant as an SVP.

We conclude that the trial court was not authorized to initiate an SVP determination during the defendant’s probation revocation proceedings. The defendant remains obligated, however, to register as a Sex Offender (but not as a Sexually Violent Predator) for ten years following his release from incarceration, in accordance with the probation conditions ordered with his original sentencing.

Challenge to Penalty for Probation Violation

The defendant also challenges the trial court’s revocation of his entire suspended sentence and imposition of the full original twenty year sentence, asserting two alternative claims: (a) that the probation revocation penalty was “inappropriate in light of the nature of the offense and character of the offender” and thus warrants appellate review and revision under Indiana Appellate Rule 7(B), or (b) that the trial court’s decision was an abuse of discretion.

Rule 7(B) authorizes appellate review and revision of “a sentence authorized by[*1290] statute if, after due consideration of the trial court’s decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.” The Rule permits an appellate determination of the appropriateness of a criminal sentence and implements the permissive jurisdiction granted in Article 7, Section 4 of the Indiana Constitution: “The Supreme Court shall have, in all appeals of criminal cases, the power ... to review and revise the sentence imposed.”

As this Court has recently held, the appellate evaluation of whether a trial court’s sanctions are “inappropriate in light of the nature of the offense and the character of the offender” is not the correct standard to apply when reviewing a trial court’s actions in a post-sentence probation violation proceeding. Prewitt v. State, 878 N.E.2d 184, 187-88 (Ind.2007). A trial court’s action in a post-sentence probation violation proceeding is not a criminal sentence as contemplated by the rule. The review and revise remedy of App. R. 7(B) is not available.

On the other hand, probation violation sanctions are subject to appellate review for abuse of discretion. Prewitt, 878 N.E.2d at 188. And the Court of Appeals addressed and rejected the defendant’s abuse of discretion claim. On this point, we summarily affirm. Ind.App. R. 58(A)(2).

Conclusion

Because the SVP evaluation and determination was incorrectly first commenced during the defendant’s probation revocation proceedings, we must vacate that portion of the trial court order of March 1, 2007, finding the defendant to be a Serious Violent Predator. The defendant remains subject, however, to the trial court’s order that he must register as a Sex Offender for ten years following his release from incarceration. We also affirm that portion of the order revoking the defendant’s ten-year suspension and reinstating the original sentence.

SHEPARD, C.J., and SULLIVAN, BOEHM, and RUCKER, JJ., concur.
2

If the offender was convicted of a “sex and violent offense” upon certain designated classes of victims, or two or more "sex and violent” offenses, the offender would be required to register for life. Ind.Code § 5-2-12 — 13(d) and (e).

3

The 2007 legislature made substantial changes to Section 7.5, but these were not effective until May 10, 2007. These amendments include the automatic designation of SVP status to persons who commit certain designated offenses. See P.L. 216-2007, Sec. 37. We note that the duly of lifetime registration resulting from an SVP determination "most assuredly has penal implications” and "runs afoul of ex post facto considerations.” Thompson v. State, 875 N.E.2d 403, 409 (Ind.Ct.App.2007), trans. denied.