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
Indiana Supreme Court
Sandy Diane Pugh,
Appellant (Defendant below),
State of Indiana,
Appellee (Plaintiff below).
Appeal from the Madison Superior Court, No. 48D01-0007-CF-00269
The Honorable Dennis D. Carroll, Judge
On Petition To Transfer from the Indiana Court of Appeals, No. 48A02-0310-CR-00934
December 21, 2004
The Court of Appeals held that the trial court lacked authority to order
less than the entire amount of the sentence originally suspended when it revoked
Defendant Sandy Diane Pughs probation. Following our opinion in Stephens v. State,
we hold that when a trial court revokes a defendants probation, it may
order less than the entire amount of the sentence originally suspended.
On August 28, 2000, Defendant Sandy Diane Pugh pled guilty to public intoxication,
resisting law enforcement, and escape. The trial court sentenced Defendant to five
years imprisonment and ordered three-and-a-half of those years suspended to probation. On
May 14, 2003, the State filed a Notice of Probation Violation alleging that
Pugh had been charged with battery and public intoxication, and that she violated
curfew and used alcoholic beverages or illicit drugs. The trial court found
that Defendant violated probation by consuming alcohol, revoked Defendants probation, and ordered her
to serve two years of executed time.
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.