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COA sides with appellant in probation violation complaint

December 5, 2011

The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.

In Linzy C. Clark v. State of Indiana, No. 48A04-1104-CR-249, Linzy Clark appealed the trial court’s denial of his motion to dismiss the notice of probation violation. Clark claimed the state did not file the notice within 45 days of receiving it, as required.

The COA held that when the probation was transferred from Madison County to Tippecanoe County, Tippecanoe County assumed supervisory authority of the case. Clark was on probation when he committed additional offenses, but Tippecanoe County failed to notify the Madison County court of those new offenses. Tippecanoe County also failed to notify Madison County after it erroneously closed Clark’s probation in 2007.

The appeals court held that because the notice to the receiving court is notice to the sentencing court and Madison County did not file the notice within 45 days of receiving notice of the violation, the trial court abused its discretion in denying Clark’s motion to dismiss. The COA, therefore, reversed the trial court.

 

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