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Published by the Indiana Office of Court Services

Lampley v. State, No. 48A04-1405-CR-231, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).

May 29, 2015 Filed Under: Criminal Tagged With: Appeals, R. Pyle

Pyle, J.
Tommy Lampley (“Lampley”) appeals the trial court’s order revoking his probation. On appeal, he claims that the trial court abused its discretion by revoking his probation because the State presented insufficient evidence showing that he violated a term of his probation. Because Lampley admitted to participating in unlawful conduct during his probationary period, we affirm the trial court’s order revoking his probation.
….
[Footnote 2:] We note that Lampley’s conditions of probation were not entered into evidence, though they were included in the appendix on appeal. The better practice is for the State to introduce the conditions either through the testimony of the probation officer, certified documents, or having the trial court take judicial notice of its records showing the probationer’s conditions of probation. Not entering the conditions of probation into evidence has previously been argued to this court. See Johnson v. State, 692 N.E.2d 485, 486 (Ind. Ct. App. 1998). However, because Johnson did not object to evidence of the alleged violation in that case, we deemed his argument waived. Id. at 487. We caution that failing to enter the conditions of probation into evidence runs the risk of not satisfying the substantial evidence of probative value standard we use on review. See, e.g., id.
….
Lampley argues that “the record is barren of any evidence that [he] engaged in unlawful conduct….” (Lampley’s Br. 6). We disagree. As we previously observed, Lampley admitted at the evidentiary hearing that he smoked marijuana in celebration of leaving the Department of Correction, resulting in his positive urine screen at work release….
Lampley’s confession to smoking marijuana is sufficient evidence to support revocation of his probation, and we find no abuse of discretion with the trial court’s order. See, e.g., Smith v. State, 504 N.E.2d 333, 334 (Ind. Ct. App. 1987) (probation revocation affirmed where defendant confessed to new crime).
Affirmed.
Barnes, J. and May, J., concur.
 

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