The Indiana Court of Appeals recently reversed a trial court’s order requiring a defendant to serve his previously suspended sentence in a not for publication decision issued Monday in Noor Adnan Sobuh v. State of Indiana (PDF). Merrillville criminal law attorney Edward J. Wartman was counsel for the appellant.

The Indiana Court of Appeals held that the defendant was entitled to a probation revocation hearing that afforded him proper due process.

Sobuh was entitled to a probation revocation hearing comporting with the requirements of due process. Moreover, to the extent that his failure to oppose the State’s allegation could be considered an admission, Sobuh at best admitted to conduct outside the probationary period.

…

Because the sole pending allegation against Sobuh was that he committed conduct that occurred before the commencement of his probationary period, the trial court could not properly revoke his probation on this basis. See C.S. v. State, 817 N.E.2d 1279, 1281 (Ind. Ct. App. 2004) …

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