BRADFORD, J.
Beeler correctly notes that the trial court did not hold an evidentiary hearing on his notices of community corrections and probation violations. Beeler, however, did not object when the court revoked his community corrections placement and probation. Generally, an issue is waived for appeal if it is not objected to at trial. . . . In a probation revocation proceeding, the court’s failure to hold a proper evidentiary hearing constitutes fundamental error requiring us to reverse the trial court’s judgment. See, e.g., Eckes v. State, 562 N.E.2d 443, 445 (Ind. Ct. App. 1990). When a probationer admits to the violations, however, an evidentiary hearing is not necessary. See Parker v. State, 676 N.E.2d 1083, 1085 (Ind. Ct. App. 1997) (“When a probationer admits to the violations, the procedural safeguards of Morrissey and the evidentiary hearing are not necessary.”).
The State acknowledges that the only indication in the record that Beeler admitted to violating the terms of his community corrections placement and probation is a Cause 240 CCS entry to that effect. The question, then, is whether this is sufficient to establish an admission. We conclude that it is.
. . . The CCS entry indicating that Beeler admitted to violating the terms of his community corrections placement and probation is . . . presumptively true. Beeler, however, argues only that the transcript does not indicate that he made the admission, not that the CCS entry is inaccurate, which is what he is required to establish. Under the binding authority of Epps and Trojnar, we accept the CCS entry indicating Beeler’s admissions as true unless it is shown to be otherwise. Because the record indicates that Beeler admitted to violating the terms of his community corrections placement and probation, no evidentiary hearing was required.
KIRSCH, J., concurs.
CRONE, J., dissents with opinion:
No evidentiary hearing was held in this case. It is true, as the majority observes, that when a probationer admits to a probation violation, an evidentiary hearing is not necessary. Vernon v. State, 903 N.E.2d 533, 537 (Ind. Ct. App. 2009), trans. denied. Here, however, the transcript before us does not contain such an admission. In fact, it does not contain even a single reference to such an admission. The State attempts to explain this away by saying that “[p]resumably, [Beeler’s] admissions occurred off the record and no record was made concerning the admissions.” Appellee’s Br. at 3 n.7. The State candidly “acknowledges that it would be a better practice for the trial court to record a defendant’s admissions on the record or to at least make a record of his admissions which occurred off-record” but goes on to argue that “this Court should be able to rely upon the trial court’s assertions in its docket [i.e., the CCS] to establish the truth of events even where the transcript does not specifically verify them.” Id. at 7.
Given the fundamental due process and liberty interests at stake, and given that the transcript actually contradicts the CCS’s version of events, I disagree with the State’s position. Likewise, I disagree with the majority’s reliance on Epps and Trojnar. If Beeler admitted to a probation violation off the record – a fact that Beeler does not concede on appeal – it was incumbent upon the State to ensure that the admission was repeated on the record.2 This it failed to do. In sum, I believe that Beeler has established fundamental error, and therefore I would reverse the revocation of his probation.