Attorney for Appellant Attorneys for Appellee
David W. Stone, IV Steve Carter
Anderson, Indiana Attorney General of Indiana
George P. Sherman
Deputy Attorney General of Indiana
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Defendant appealed the trial courts revocation of her probation. The Court of
Appeals held that the trial court did not abuse its discretion in revoking
Defendants probation, and, reasoning from an earlier case, Stephens v. State, 801 N.E.2d
1288 (Ind. Ct. App. 2004), revd, No. 49S02-0404-CR-152, ___ N.E.2d ___ (Ind. 2004),
the court held sua sponte that the trial court lacked authority to order
less than the amount of the sentence originally suspended. Pugh v. State,
804 N.E.2d 202, 204-05 (Ind. Ct. App. 2004). We grant transfer and
now affirm the trial court.
We summarily affirm the part of the Court of Appeals opinion upholding the
trial courts decision to revoke Defendants probation. Ind. Appellate Rule 58(A)(2).
Based on our opinion in Stephens v. State, we vacate that part of
the Court of Appeals opinion holding that a trial court must order the
entire amount of the sentence originally suspended if it revokes a defendants probation.
The judgment of the trial court is affirmed.
Shepard, C.J., and Dickson, Boehm, and Rucker, JJ., concur.