Weissmann, J.
Manuel Trejo appeals the trial court’s finding that he violated a condition of his probation by failing to meet with the Noble County Probation Department upon his release from the Indiana Department of Correction (DOC). Trejo claims he could not meet with the probation department because he was in the custody of United States Immigration and Customs Enforcement (ICE). Thus, Trejo contends his failure was involuntary. Because lack of volition is not a defense to an alleged probation violation under Indiana law, we affirm.
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Trejo does not dispute that he failed to meet with the probation department in November 2009, as required by Standard Condition 1 of his probation. Rather, he claims the State did not prove his failure was voluntary. According to Trejo, the evidence showed he was in either DOC or ICE custody at all relevant times; thus, he could not meet with the probation department.
But “lack of volition” is “not a defense” to an alleged probation violation. Woods, 892 N.E.2d at 641. It is only a factor for the trial court to consider in fashioning the appropriate sanction once a violation is found. Id. (citing United States v. Warner, 830 F.2d 651, 657-58 (7th Cir. 1987) (“While good faith and lack of willfulness does not preclude finding a probation violation, defendant could and did raise his alleged good faith before the court as a factor for the court to consider in deciding whether to revoke probation.”)).
We find sufficient evidence to support the trial court’s determination that Trejo violated Standard Condition 1 of his probation by failing to meet with the probation department once he was no longer in DOC custody in November 2009. Trejo’s inability to meet with the probation department because he was in ICE custody at the time has no bearing on whether the probation violation occurred. Instead, his alleged inability to comply with Standard Condition 1 bears on the trial court’s sanction for the violation, which Trejo does not challenge.
We affirm the trial court’s judgment.
Bailey, J., and Brown, J., concur.