A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.
In Pablo Madrigal v. State of Indiana, No. 71A05-0903-CR-131, Pablo Madrigal was on home detention after pleading guilty to one count of possession of more than three grams of cocaine with intent to deliver as a Class A felony. He was sentenced to 20 years, with 15 suspended, five years served on home detention followed by two years of probation.
A St. Joseph County Community Corrections home detention officer noticed shell casings near the front door of Madrigal's home. A search by police yielded a 9mm handgun. The trial court ordered him to serve the remainder of his 20-year sentence with the Department of Correction.
Madrigal argues the trial court should have allowed him to continue to serve his sentence on home detention but change the terms of his home detention based on statute.
Arguments begin at 10 a.m. CDT in the auditorium at Valparaiso High School, 2727 N. Campbell St. Judges Paul Mathias, Margret Robb, and Nancy Vaidik are scheduled to hear the arguments.