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State v. Ammons3/18/2002
On September 8, 1993, the defendant, Larry Ammons, was convicted of three counts of aggravated burglary, a Class C felony, under Docket No. 5889. The court imposed three concurrent sentences of three years each. On April 10, 1995, the defendant was convicted of one count of burglary and five counts of aggravated burglary, a Class C felony, under Docket No. 6112. The court imposed a four-year sentence for the burglary count and six-year concurrent sentences for each of the five counts of aggravated burglary. This effective six-year sentence was to run consecutively to the sentences imposed under Docket No. 5889.
On October 22, 1993, the defendant was granted probation for the balance of his sentences under Docket No. 5889. In September of 1994, the State filed a petition to revoke his probation, but the court denied it. In February 1995, the State filed another petition to revoke the defendant's probation. On April 11, 1995, the court denied this second petition and allowed the defendant to serve his sentences under Docket Nos. 5889 and 6112 with the Synergy Foundation Program instead of the county jail. The court later allowed the defendant to transfer the balance of his sentence from the Synergy Foundation to the Serenity House Program. In December of 1996, the State filed a third petition for revocation, and the court denied the petition. After the defendant completed the Serenity House drug treatment program, the court suspended the defendant's sentences and placed him on supervised probation. On February 27, 1997, the trial court issued an order waiving the defendant's probation fees and imposing a minimum payment of $50 per month toward restitution. In this order, the court noted that the defendant was still under probation for Docket No. 6112 and had consented to a two-year extension of his probation for Docket No. 5889. On October 12, 2000, the defendant's probation officer filed a probation violation report, citing that the defendant had not contacted her in over a year and had not paid the restitution. The State then filed the instant petition to revoke probation. On January 22, 2001, the trial court revoked the defendant's probation after a hearing.
The defendant and his probation officer testified at the revocation hearing. The probation officer testified that the defendant had failed to report to her in over a year and had failed to make court-ordered payments of $50 a month toward restitution. The defendant testified that he was unable to make restitution payments because he had financial problems after starting his own business. The defendant stated that he did not make restitution payments for several months and then made a payment of $700 or $800 for the Docket No. 5889 sentence. He also testified that when the restitution was due under Docket No. 6112, he was unable to pay it and had suffered a back injury. The defendant admitted that he would not be at the hearing if he had reported to his probation officer and made the restitution payments as ordered. On cross-examination, the defendant admitted that he was being sued by a finance company over a loan he had gotten to purchase a truck.
After hearing the evidence, the trial court noted that the defendant had been allowed to participate in two programs that enabled him to avoid incarceration. The court emphasized that the defendant had no contact with his probation officer for a period exceeding one year and did not regularly pay his restitution. The court also noted that while the defendant was able to pay or come up with a $20,000 bond for his probation violation, he was unable to pay his restitution according to schedule. Based on the evidence, the trial court found that the defendant violated his probat
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