TILLBERRY v. STATE

No. 49A05-0803-CR-145.

895 N.E.2d 411 (2008)

Henry TILLBERRY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 31, 2008.


Attorney(s) appearing for the Case

Timothy J. Burns, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Stephen Tesmer, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

MAY, Judge.

Henry Tillberry appeals the revocation of his probation. Because he was not afforded due process and because the trial court's findings are unsupported by evidence, we must reverse.

FACTS AND PROCEDURAL HISTORY

On December 2007, Tillberry pled guilty to Class A misdemeanor criminal mischief. His sentence included 345 days of probation, which was scheduled to begin on December 20, 2007.

On January 31, 2008, the...

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