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Sheron v. State
Citations: 682 N.E.2d 552; 1997 Ind. App. LEXIS 771; 1997 WL 362202Docket: 48A02-9612-CR-782
Court: Indiana Court of Appeals; June 27, 1997; Indiana; State Appellate Court
Tom Sheron appeals the revocation of his probation, arguing that the preponderance of the evidence standard for revocation under Indiana law violates due process. Sheron, convicted in 1993 for Dealing in Cocaine with a ten-year sentence (seven years suspended), was released to probation after serving the executed portion. While on probation, he committed additional crimes, leading to multiple felony convictions. His probation was revoked based on these new convictions. The court affirms the revocation, stating that judicial restraint necessitates avoiding constitutional questions when a case can be resolved on other grounds. The revocation was supported by undisputed evidence of Sheron's criminal convictions, which were established beyond a reasonable doubt. These convictions effectively collaterally estop Sheron from contesting the probation violation under a more favorable evidentiary standard. The court finds no reversible error in Sheron's case and notes that the due process requirement for probation revocation does not mandate a clear and convincing evidence standard. Instead, it concludes that a standard of "reasonable satisfaction" is sufficient for determining violations in such proceedings. The judgment is affirmed, with judges BAKER and CHEZEM concurring.