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COA holds false customer review violates no-contact order

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The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.

In Joshua Alford v. State of Indiana, No. 49A02-1109-CR-816, Joshua Alford appealed the revocation of his probation and the trial court’s order that he serve the remaining 309 days of his previously suspended sentence in the Indiana Department of Correction.

On April 29, 2010, the state charged Alford with two counts of Class C felony child molesting and later added a charge of Class D felony criminal confinement. It also issued a no-contact order for several parties, including Alford’s father, Jim. In January 2011, Alford pleaded guilty under a combined plea agreement to Class D felony criminal confinement and Class A misdemeanor domestic battery under another cause number. He was sentenced to concurrent suspended sentences of 887 days for each conviction, with 268 days of credit time and 365 days of probation. As a special condition of probation, the trial court continued the no-contact order for several people, including Alford’s father.

On July 28, 2011, the state filed a notice of probation violation alleging that Alford had violated the no-contact order by submitting a false report to Angie’s List about his father’s cleaning business that said, “They did a good job cleaning, but they stole my wife’s diamond earrings.”

The COA wrote that Alford was aware that he was to have no direct or indirect contact with his father. When Alford submitted the false review, he used an intermediary to harass his father, clearly violating his no-contact order. The appellate court affirmed the trial court’s determination that Alford serve the remainder of his sentence.

 

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