State of Indiana v. Anthony E. Hyser

Greensburg, Indiana, criminal defense lawyer represented the Defendant charged with possession of a legend drug, a Level 6 felony, and operating a vehicle while intoxicated ("OVWI"), a Class A misdemeanor.



Anthony Hyser pleaded guilty to possession of a legend drug, a Level 6 felony, and operating a vehicle while intoxicated ("OVWI"), a Class A misdemeanor. Hyser also admitted to being a habitual vehicular substance offender ("HVSO"). The trial court sentenced Hyser to 1,440 days with 1,430 days thereof suspended to probation. The State later filed a petition to revoke Hyser's probation, and Hyser admitted to violating the terms of his probation. The trial court then ordered Hyser to execute the balance of his previously suspended sentence, 1,430 days, in the Department of Correction ("DOC"). The trial court credited Hyser with forty-five days for time served and forty-five days of good-time credit. Hyser appeals and argues that: (1) the trial court abused its discretion by ordering Hyser to serve all of his previously suspended sentence; and (2) the trial court erred in calculating Hyser's credit time.



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CRIMINAL LAW. PROBATION REVOCATION. The court evaluated whether the trial court abused its discretion in ordering the defendant to serve the balance of a previously suspended sentence following violations of probation, including the commission of new offenses shortly after being placed on probation.



CRIMINAL LAW. SENTENCING AND CREDIT TIME. The issue addressed was whether the trial court erred in calculating the defendant's credit time for pre-sentence jail time and whether time spent incarcerated without being credited should apply to the sentence.

Key Phrases Suspended sentence probation. Probation revocation hearing. Credit time calculation. Habitual vehicular substance offender. Possession of a legend drug.

Affirmed