Probation For Drug Convictions Revoked – Law Offices of Randall Parr

Parke v. State

Jacqueline R. Parke (“Parke”) appeals the trial court’s revocation of her probation and the resulting sentence. On appeal, she contends that the revocation was not supported by sufficient evidence and that the trial court abused its discretion by ordering her to serve the rest of her previously-suspended sentence in the Indiana Department of Correction (“DOC”).

We affirm.

Facts and Procedural History

In July 2011, Parke pleaded guilty to Class B felony burglary, Class D felony theft, Class C felony forgery, and two counts of Class D felony fraud, pursuant to a plea agreement that capped her executed sentence at ten years and required her “to be evaluated for the Madison County Drug Court [(“Drug Court”)] program.” Appellant’s App. Vol. II at 5. The trial court sentenced Parke to an aggregate sentence of fifteen years, with six years executed on home detention and nine years suspended to probation. In November 2011, Parke was accepted into and agreed to comply with the rules of the Drug Court program. As part of that agreement, Parke acknowledged that the trial court would revisit her sentence if she did not complete the program. Id. at 54. On September 27, 2012, the Drug Court filed a request that Parke be terminated from the program, which the trial court denied. In December 2012, when Parke again failed to appear in Drug Court, the trial court administratively terminated Parke from the program, finding that her thirty-day absence from Drug Court constituted a voluntary withdrawal from the program. Id. at 10. The trial court held a sanctions hearing, and, on January 28, 2013, the trial court ordered Parke to complete her sentence with DOC. Id. at 64, 65.