- Joined
- Feb 25, 2017
- Messages
- 7,073
- Reaction score
- 33,747
20D03-0509-FA-00146
09/26/2005 = CHILD MOLESTING
02 09/26/2005 = HABITUAL CRIMINAL OFFENDER
03/30/2006 = Judgment
01. CHILD MOLESTING
• Finding of Guilty
03/30/2006 = Judgment
02. HABITUAL CRIMINAL OFFENDER
• Dismissed
04/07/2006 = Converted Event
SENTENCING HELD. Sheriff produces Deft, who appears w/ counsel, Juan C. Garcia, Jr. State present by DPA Lindke. Deft notes corrections to PSI Report. Court accepts plea agreement. JOC entered for Count I: Child Molesting, A felony, I.C. 35-42-4-3(a)(1). Deft Sentenced to 45yrs IDOC. Court suspends 15yrs of that sentence on a 10-year term of reporting probation. Court will determine credit time and enter order awarding credit time at a later date. Costs and fees assessed, to be paid w/in 90 days of signing of the terms of probation. Count II dismissed. Appellate rights explained. Judgment. tb 4/10/06 ENTRY/JOC/ABSTRACT/CHARGING/PSI: SHRF. ENTRY/JOC: PROB-ELK/VA/BANIK/GARCIA-PD/LINDKE. adn (DISPOSED: GP ) (RJO? Y) | JTS Minute Entry Date: 2006-03-30
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Here is when he begins asking for a sentence modification
12/18/2018 =Order Issued
Court reviews Defendant's correspondence file-stamped December 6, 2018 requesting a modification of sentence. The court hereby directs New Castle Correctional Facility to prepare and file a Progress Report on the Defendant herein. ORDER FOR PROGRESS REPORT entered. sb
Judicial Officer: Cataldo, Teresa L,
02/01/2019 = Order Denying
Court reviews Elkhart County Community Corrections Risk Assessment Summary and the Michiana Community Corrections Home Detention Denial Notification, all of which indicating that the defendant would not be eligible for their programs. Accordingly, the court hereby denies defendant's request for modification of sentence. ORDER entered. sb
Judicial Officer: Cataldo, Teresa L,
Noticed: Middaugh, Michael K
Noticed: Becker, Vicki Elaine
(2 months later...)
04/01/2019= Conditions of Probation
Sex Offender Terms of Probation
Party: State of Indiana
Order Signed: 03/29/2019
04/01/2019 = Motion to Travel Outside of State Filed
Probationer Request for Travel Permit
Filed By: State of Indiana
04/03/2019 = Order Granting Petition to Travel
entered. Defendant is to report and show proof of all future court dates and also submit to any additional terms and conditions that the probation officer may required. TLC/jb
Judicial Officer: Cataldo, Teresa L,
04/04/2019 = Order Approving
Defendant's Terms and Conditions of Probation. TLC/jb
07/01/2019 = Violation Filed
Violation of Probation Petition
Filed By: Elkhart County Probation
File Stamp: 06/28/2019
07/17/2019 = Warrant or Writ of Attmnt for the Body of a Person Issued
07/17/2019 = Case ReOpened (many court dates after this)
09/21/2020 = Hearing Journal Entry
September 10, 2020 cause came on for Violation of Probation. State of Indiana appeared by Deputy Prosecuting Attorney Laura Bird. Elkhart County Sheriff produced Defendant via Webex, and Attorney Christopher Petersen appears in person. The defendant previously having admitted to the violation of probation, the Court now finds the defendant violated his terms of probations by committing a new offense under Cause No. 20D03-2003-F2-5. Arguments in regards to sanctions were heard by all parties. The Court revokes the defendant's probation and imposes the suspended sentence of fifteen (15) years to the Indiana Department of Corrections (IDOC) consecutive to Cause No. 20D03-2003-F2-5. The Court orders the Elkhart Adult Probation Department to prepare an updated credit time memorandum. Bond, if any, is released.
09/26/2005 = CHILD MOLESTING
02 09/26/2005 = HABITUAL CRIMINAL OFFENDER
03/30/2006 = Judgment
01. CHILD MOLESTING
• Finding of Guilty
03/30/2006 = Judgment
02. HABITUAL CRIMINAL OFFENDER
• Dismissed
04/07/2006 = Converted Event
SENTENCING HELD. Sheriff produces Deft, who appears w/ counsel, Juan C. Garcia, Jr. State present by DPA Lindke. Deft notes corrections to PSI Report. Court accepts plea agreement. JOC entered for Count I: Child Molesting, A felony, I.C. 35-42-4-3(a)(1). Deft Sentenced to 45yrs IDOC. Court suspends 15yrs of that sentence on a 10-year term of reporting probation. Court will determine credit time and enter order awarding credit time at a later date. Costs and fees assessed, to be paid w/in 90 days of signing of the terms of probation. Count II dismissed. Appellate rights explained. Judgment. tb 4/10/06 ENTRY/JOC/ABSTRACT/CHARGING/PSI: SHRF. ENTRY/JOC: PROB-ELK/VA/BANIK/GARCIA-PD/LINDKE. adn (DISPOSED: GP ) (RJO? Y) | JTS Minute Entry Date: 2006-03-30
***************************
Here is when he begins asking for a sentence modification
12/18/2018 =Order Issued
Court reviews Defendant's correspondence file-stamped December 6, 2018 requesting a modification of sentence. The court hereby directs New Castle Correctional Facility to prepare and file a Progress Report on the Defendant herein. ORDER FOR PROGRESS REPORT entered. sb
Judicial Officer: Cataldo, Teresa L,
02/01/2019 = Order Denying
Court reviews Elkhart County Community Corrections Risk Assessment Summary and the Michiana Community Corrections Home Detention Denial Notification, all of which indicating that the defendant would not be eligible for their programs. Accordingly, the court hereby denies defendant's request for modification of sentence. ORDER entered. sb
Judicial Officer: Cataldo, Teresa L,
Noticed: Middaugh, Michael K
Noticed: Becker, Vicki Elaine
(2 months later...)
04/01/2019= Conditions of Probation
Sex Offender Terms of Probation
Party: State of Indiana
Order Signed: 03/29/2019
04/01/2019 = Motion to Travel Outside of State Filed
Probationer Request for Travel Permit
Filed By: State of Indiana
04/03/2019 = Order Granting Petition to Travel
entered. Defendant is to report and show proof of all future court dates and also submit to any additional terms and conditions that the probation officer may required. TLC/jb
Judicial Officer: Cataldo, Teresa L,
04/04/2019 = Order Approving
Defendant's Terms and Conditions of Probation. TLC/jb
07/01/2019 = Violation Filed
Violation of Probation Petition
Filed By: Elkhart County Probation
File Stamp: 06/28/2019
07/17/2019 = Warrant or Writ of Attmnt for the Body of a Person Issued
07/17/2019 = Case ReOpened (many court dates after this)
09/21/2020 = Hearing Journal Entry
September 10, 2020 cause came on for Violation of Probation. State of Indiana appeared by Deputy Prosecuting Attorney Laura Bird. Elkhart County Sheriff produced Defendant via Webex, and Attorney Christopher Petersen appears in person. The defendant previously having admitted to the violation of probation, the Court now finds the defendant violated his terms of probations by committing a new offense under Cause No. 20D03-2003-F2-5. Arguments in regards to sanctions were heard by all parties. The Court revokes the defendant's probation and imposes the suspended sentence of fifteen (15) years to the Indiana Department of Corrections (IDOC) consecutive to Cause No. 20D03-2003-F2-5. The Court orders the Elkhart Adult Probation Department to prepare an updated credit time memorandum. Bond, if any, is released.
