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HEATON v. STATE

No. 48A02-1104-CR-404.

959 N.E.2d 330 (2011)

Kimberly HEATON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

December 28, 2011.

Attorney(s) appearing for the Case

Jill M. Acklin , Acklin Law Office, LLC, Westfield, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Ryan D. Johanningsmeier , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Kimberly Heaton appeals the revocation of her probation and the trial court's order that she serve eighteen months of her previously-suspended sentence in the Indiana Department of Correction. She contends that the trial court abused its discretion in imposing the eighteen-month sentence by both using the incorrect legal standard to determine if she had committed another offense and by using rules that were vague...

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