Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 1 of 19

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

Kimberly A. Jackson

Indianapolis, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Caroline G. Templeton

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Tywon D. Alexander,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

April 25, 2019

Court of Appeals Case No.

18A-CR-1638

Appeal from the Vigo Superior 

Court

The Honorable Michael R. Rader, 

judge

Trial Court Cause No.

84D05-1612-F5-3310

Altice, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 2 of 19

Case Summary

[1] Finding that Tywon D. Alexander violated the rules of his work release 

program, the trial court revoked Alexander’s direct placement and ordered him

to serve the balance of his five-year sentence in the Indiana Department of 

Correction (the DOC). Alexander appeals, asserting that his due process rights 

were violated because he did not have notice of the rules that governed his 

direct placement and because the trial court admitted hearsay testimony that 

was not sufficiently reliable. He also claims that the evidence was insufficient 

to support the revocation of his direct placement. 

[2] We affirm.

Facts & Procedural History

[3] For his involvement in robbing pizza delivery people, the State charged 

Alexander on December 8, 2016, as later amended in January 2017, under 

84D05-1612-F5-3310 (Cause 3310) with fifteen felonies: four counts of Level 5 

felony robbery, six counts of Level 5 felony conspiracy to commit robbery, 

three counts of Level 5 felony attempted robbery, one count of Level 6 felony 

fraud, and one count of Level 6 felony attempted automobile theft. Pending 

trial, the trial court placed Alexander in home detention under the supervision 

of Vigo County Community Corrections.

[4] On March 23, 2017, Alexander pled guilty under Cause 3310 to one count of 

robbery, one count of attempted robbery, and one count of conspiracy to 

commit robbery, all Level 5 felonies, and the State dismissed the remaining 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 3 of 19

charges. On April 27, 2017, the trial court sentenced Alexander to an aggregate 

five-year term: two years for the robbery conviction, with all but 691 days 

suspended, to be served on home detention as a direct commitment; a 

consecutive two years for the attempted robbery conviction, fully suspended, to 

be served in work release as a direct commitment; and one year of probation for 

the conspiracy to commit robbery conviction. The home detention and work 

release sentences were to be served under the supervision of Vigo County 

Community Corrections. The sentencing order incorporated by reference “all 

rules and regulations of the Community Corrections Program.” Appellant’s 

Appendix Vol. II at 64.

[5] That same date, the State filed an amended petition to revoke Alexander’s pretrial placement in home detention, alleging that Alexander failed to report on 

April 20 and 22 to Vigo County Community Corrections for drug screens,

tested positive for THC in an April 24 drug screen, failed to call Community 

Corrections as required on five occasions, and was in arrears with his home 

detention fees. On July 24, 2017, the State filed an amended petition, alleging 

that in June and July 2017, Alexander failed to do each of the following on 

multiple occasions: failed to call the drug screen hotline, failed to report for 

work as scheduled, and failed to report for testing. The petition advised that 

because Alexander was $1395 in arrears in home detention fees, he had been

moved in July 2017 to the work release facility. 

[6] On August 10, 2017, Alexander appeared for a hearing and admitted that he 

had violated the terms of placement by failing to appear for drug screens, failing 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 4 of 19

to call in as ordered, and failing to report to work. The trial court found that 

Alexander violated the terms of his placement on work release and revoked the 

remainder of his suspended sentence to the DOC.1

 On November 16, 2017, the 

trial court modified Alexander’s placement and returned Alexander to his 

original sentence, ordering him “to serve the balance of the 2 years of the 

previously ordered sentence on Work Release followed by 2 years on Home 

Detention[,]” and “[u]pon release of those programs the Defendant will be on 

formal probation for 1 year.” Appellant’s Appendix Vol. II at 100.

[7] On April 5, 2018, the State filed a Petition to Revoke Direct Placement in the 

Work Release Program and/or to Revoke Probation (the Petition). The 

Petition alleged six violations: (1) possession or use of tobacco on February 19, 

2018; (2) interfering with attendance count at the facility on February 19; (3) 

failure to obtain required number of signatures on job search and whereabouts 

unknown for 2 hours on February 26; (4) a positive drug test for 

benzodiazepines consistent with Xanax on March 1; (5) out of location/being 

unaccounted for on March 6 for 1.5 hours; and (6) violation of conditions of 

temporary leave and unaccounted for on March 28 for a period of 2.5 hours.

[8] At the May 24, 2018 hearing, the State presented the testimony of Vigo County 

Community Corrections Case Manager Bradley Burton, who began supervising 

 

1 On August 22 and 30, 2017, the trial court entered nunc pro tunc orders clarifying the two-year sentence for 

attempted robbery would continue to be served on work release and adjusting the credit time Alexander 

received. 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 5 of 19

Alexander’s work release in December 2017. Burton did not witness the 

alleged violations, but was informed of them by other community corrections 

personnel at the work release facility. As Burton began to testify about 

Alexander’s conduct violations, Alexander objected to Burton’s testimony on 

the basis of hearsay “as this is not from his testimony from direct knowledge” 

and because “he is testifying from some other officer telling him[.]” Transcript 

Vol. 2 at 26. The court overruled the objection noting that Indiana’s Rules of 

Evidence do not apply in probation violation hearings and “the real issue is 

whether or not it’s a reliable report so you get a chance on cross-examination to 

investigate that.” Id. 

[9] With regard to the allegation that on February 19 Alexander received a conduct 

report for violating the rule prohibiting “Possession or Use of Tobacco,” Burton 

testified that an officer found a lighter in Alexander’s jacket, which Alexander 

was not wearing at the time. Appellant’s Appendix Vol. II at 112. Burton testified 

that possession of a lighter was a violation of the rules of the work release 

program and that, when Alexander entered the work release program, he signed 

a document acknowledging the rules.2 In his later testimony, Alexander denied 

that the lighter belonged to him and said that he was not aware that it was in his 

jacket.

 

2 The work release rules were not admitted into evidence.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 6 of 19

[10] With regard to the allegation that Alexander interfered with the population 

count at the work release facility on February 19, Burton testified that when an 

officer entered Alexander’s dorm room at 11:00 p.m. to conduct a population 

count, Alexander was playing cards, rather than sitting on his bunk. Burton 

said that, at some prior time, an announcement over the facility’s speaker 

system had been made to tell offenders “to return to your bunk for count” and 

advising that anyone who was not on his bunk for count at 11:00 p.m. would 

receive a write-up for interfering with count. Id. at 34. Burton testified that 

interfering with count is a violation of the work release rules that Alexander 

signed when he entered the facility. Alexander testified that he did not hear any 

announcement and denied that such announcements are routinely made.

[11] Concerning the February 26 allegation that Alexander’s whereabouts were 

unknown for two hours, Burton testified that Alexander was authorized to be 

out of the work release facility on a job search from noon until 4:00 p.m. 

Burton stated that the work release rules required Alexander to obtain a 

minimum of three signatures from prospective employers and that, on February 

26, Alexander provided two. He did not obtain any signature between 

approximately 1:30 p.m. and 3:30 p.m., and his whereabouts were unknown. 

Burton testified that this was a violation of the work release rules that 

Alexander had signed off on. Alexander maintained that he “had no idea” that 

he needed three signatures and that if anyone had asked him where else he had 

gone, he would have obtained the additional signature. Id. at 44.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 7 of 19

[12] As to the allegation of the March 1 failed drug test, Burton testified that 

Alexander tested positive for benzodiazepines and that the test was sent to 

Norchem Solutions lab for verification. Burton confirmed that the positive 

screen was a violation of the work release program’s rules. Alexander 

acknowledged at the hearing that he had consumed a pill that day that his “line 

leader” had given him to calm his stomach because he was vomiting due to 

what he believed was food poisoning. Alexander claimed, however, that he did 

not know that the pill was Xanax and if he had, he would not have taken it. Id.

at 45. 

[13] Regarding the allegation that, for a one and one-half hour period on March 6, 

Alexander was unaccounted for, Burton testified that Alexander was authorized 

to be away from the work release facility for four hours to search for a job. 

Alexander conducted his job search at a mall and returned with the required 

three signatures, but Burton testified that persons in work release are “not 

permitted to be at the mall” and therefore the mall was not an appropriate place 

to look for work. Id. at 30. Burton was uncertain whether that rule about the 

mall appears in the program’s written rules, stating “I guess you could just 

consider it an unwritten rule.” Id. at 29-30. Burton explained that it is “[j]ust 

like you’re not allowed to go to a restaurant[,]” and “[y]ou’re not allowed to go 

to somebody’s house.” Id. at 39-40. Alexander testified that he did not know 

that he was not allowed to enter the mall to seek a job there. 

[14] As to the allegation that Alexander violated conditions of temporary leave on 

March 28, with his whereabouts not known for a period of 2.5 hours, Burton 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 8 of 19

testified that Alexander had been granted permission to be out of the facility 

and at the Hamilton Center from 2:30 to 5:30 p.m. and that Alexander returned 

to the work release facility fifteen to twenty minutes late. Burton testified that,

upon Alexander’s late return, a work release officer contacted Hamilton Center 

and was advised by the personnel in “Scheduling” and “Reception,” that 

Alexander “showed up and cancelled stating that he was going to the hospital.” 

Id. at 31. Work release personnel contacted two local hospitals and were 

informed that no one with Alexander’s name had been at either place that day. 

Burton stated that he asked Alexander about it and that Alexander told him he 

went to Hamilton Center but was sick. Burton testified that because Alexander 

provided no proof either that he stayed at Hamilton Center or that he went to a 

hospital, his whereabouts were considered “unknown” during that time frame. 

Id. at 32. 

[15] Alexander testified that he was ill that day, “still sick from the nausea that I had 

from the food poisoning,” and was vomiting and had diarrhea. Id. at 47. He 

said that, after walking an hour to Hamilton Center for his appointment, he 

went directly to the bathroom and stayed for an hour. He testified that when he 

exited the bathroom he saw the woman at Scheduling and told her that he was 

going back to work release because he was sick. He denied that he told anyone 

at Hamilton Center that he was going directly from there to a hospital.

[16] The trial court found that Alexander’s testimony was “not credible,” that 

Alexander had received a lenient sentence, that he already had his direct 

placement revoked once before, and that “we are back with a number of 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 9 of 19

violations that indicate either an unwillingness or an inability to comply with [] 

the rules of your placement.” Id. at 54, 58. The court revoked Alexander’s 

direct placement and ordered him to serve the balance of his five-year sentence 

in the DOC in the Purposeful Incarceration program. Alexander requested and 

received permission to file this belated appeal. 

Discussion & Decision

[17] A defendant is not entitled to serve a sentence in either probation or a 

community corrections program. Monroe v. State, 899 N.E.2d 688, 691 (Ind. Ct. 

App. 2009). Such placement is a matter of grace and a conditional liberty that 

is a favor, not a right. Id. For purposes of appellate review, a petition to revoke 

placement in a community corrections program such as work release or home 

detention is treated the same on appeal as a petition to revoke probation. Bass v. 

State, 974 N.E.2d 482, 488 (Ind. Ct. App. 2012) (citing Cox v. State, 706 N.E.2d 

547, 549 (Ind. 1999)). The appellate court considers the evidence most 

favorable to the judgment without reweighing that evidence or judging the 

credibility of the witnesses. Monroe, 899 N.E.2d at 691. If there is substantial 

evidence of probative value to support the trial court’s conclusion that a 

defendant has violated any terms of probation, we will affirm its decision to 

revoke probation. Holmes v. State, 923 N.E.2d 479, 483 (Ind. Ct. App. 2010) 

(citing Monroe, 899 N.E.2d at 691).

[18] In challenging the revocation of his direct placement, Alexander asserts that he 

was denied due process in two ways: (1) he received inadequate notice of the 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 10 of 19

rules governing his direct placement, and (2) the trial court admitted 

“inadmissible, often multi-level hearsay” through Burton, which did not meet 

the requirements of the substantial trustworthiness test and thereby denied 

Alexander’s right to confront witnesses against him. Appellant’s Brief at 12. 

Alexander argues that, even if he was not denied due process, the evidence was 

insufficient to revoke his direct placement. We address his arguments in turn.

I. Due Process

[19] While an individual at a probation revocation hearing does not possess the 

same rights with which he was endowed prior to a conviction, the due process 

clause of the Fourteenth Amendment does provide certain protections to 

probationers at revocation hearings. J.H. v. State, 857 N.E.2d 429, 432 (Ind. Ct. 

App. 2006), trans. denied. A defendant facing revocation of either a community 

corrections placement or probation “is entitled to representation by counsel, 

written notice of the claimed violations, disclosure of the opposing evidence, an 

opportunity to be heard and present evidence, and the right to confront and 

cross-examine witnesses in a neutral hearing before the trial court.” Cox, 706 

N.E.2d at 550.

1. Notice

[20] Alexander challenges the determinations that he interfered with count and 

failed to get required job signatures, claiming that he had no notice of those 

work release rules. We find, however, that the trial court was presented with 

sufficient evidence from which it could have found that Alexander had notice of 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 11 of 19

the rules. First, the trial court’s April 2017 sentencing order on Alexander’s 

guilty plea, which sentenced Alexander to home detention and then work 

release, expressly “incorporate[d] by reference all rules and regulations of the 

Community Corrections Program.” Appellant’s Appendix Vol. II at 64. Second, 

Burton testified at the revocation hearing that interfering with count and 

obtaining three signatures in a job search were rules of the facility that 

Alexander signed and acknowledged upon intake. Burton also testified that the 

work release facility made an announcement over the speaker system advising 

offenders to be in their bunks at 11:00 p.m. or they would be written up for 

interfering with count. The trial court found Alexander’s testimony, claiming 

that he was not aware that he had to be in his bunk at the designated time or 

“had no idea” that he needed three signatures, was not credible. Transcript Vol. 

2 at 44. We do not reweigh the evidence or judge the credibility of witnesses on 

appeal. Monroe, 899 N.E.2d at 691.

[21] Alexander suggests that because the work release rules were not admitted at the 

revocation hearing, “the trial court could not, and [the appellate] Court cannot, 

determine whether Alexander received appropriate notice through the written 

rules of what conduct would constitute a violation of his placement.” 

Appellant’s Brief at 15. We disagree. Alexander provides no authority for the 

assertion that the State was required to introduce the rules into evidence. 

Moreover, as stated, Burton testified that interfering with count, as well as 

obtaining three signatures in a job search, were written rules of the work release 

facility and that Alexander signed and acknowledged his understanding of 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 12 of 19

them. Accordingly, the trial court was presented with evidence from which it 

could determine whether Alexander’s conduct violated the rules of his 

placement.

[22] Alexander also challenges the notice, or lack thereof, as to the mall violation, 

asserting that he had no notice of any rule that precluded him from seeking 

employment at the mall. Burton’s testimony indicated that the prohibition 

regarding visiting and being employed at the mall may not have been written, 

and instead, was more of an “unwritten” rule known and understood by 

offenders. Transcript Vol. 2 at 29-30. Burton was not sure whether Alexander 

had ever been expressly told that he was not permitted to be at the mall. Based 

on the evidence before it, the trial court found Alexander’s testimony that he 

was not aware of any such limitation was not credible. Again, we cannot 

reweigh the credibility of witnesses on appeal. Monroe, 899 N.E.2d at 691. 

That said, even if we were to find that Alexander did not have notice of this 

particular rule, any error in basing revocation of direct placement on this was 

harmless given that, as we discuss later in this decision, multiple other 

violations supported the revocation. See Figures v. State, 920 N.E.2d 267, 272-73

(Ind. Ct. App. 2010) (revocation court’s finding that probationer had committed 

new crime was not supported by evidence but error was harmless where 

sufficient evidence supported two other probation violations found by court).

[23] In a related but different notice argument, Alexander asserts that the Petition 

provided “[d]eficient notice . . . relating to Alexander’s alleged violation of a 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 13 of 19

rule governing tobacco use.” Appellant’s Brief at 16. Alexander is referring to 

the following allegation of the Petition:

a. That on February 19th, 2018 Tywon Alexander received a 

report of conduct for violation of rule 305C Possession or Use of 

Tobacco. Mr. [Alexander] received a sanction verbal warning.

Appellant’s Appendix Vol. II at 112. Alexander’s argument is that because “[t]he 

petition did not mention a lighter, much less allege Alexander’s possession of a 

lighter violated the work release rules[,]” the Petition to revoke “did not notify 

Alexander that the State was alleging Alexander’s possession of a lighter 

violated Rule 305C or any other alleged work release rule.” Appellant’s Brief at 

16. Alexander correctly observes that due process requires that the petition for 

revocation disclose the grounds upon which revocation is being sought. 

Washington v. State, 758 N.E.2d 1014, 1017 (Ind. Ct. App. 2001). However, we 

reject Alexander’s argument for a couple of reasons. 

[24] First, when Burton was being questioned at the hearing about that “Possession 

or use of tobacco” violation, and Burton testified that Officer Freeman “wrote [] 

up” Alexander for having the “small yellow lighter,” Alexander never objected 

or asserted, as he does now, that he did not receive notice that he was facing 

revocation for possession of a lighter. Transcript Vol. 2 at 27-28. Rather, his 

position at the revocation hearing was that the lighter was not his and he did 

not know it was in his jacket. Based on this record, Alexander has waived any 

argument that he did not know, i.e. lacked notice, that the State was seeking 

revocation of his placement for his possession of the lighter. See Cox, 706 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 14 of 19

N.E.2d at 552 n.12 (noting that defendant waived claim that he was not 

provided with written notice of the work release violation where he did not 

object to lack of written notice at revocation hearing).

[25] Waiver notwithstanding, we find that Alexander received adequate written 

notice in the Petition of the alleged violation. The Petition plainly charged that 

Alexander had violated his direct placement because, on February 19, he

received a conduct violation “for violation of rule 305C Possession or Use of 

Tobacco” and that he received a verbal warning. Alexander acknowledged at 

the hearing that on that date Officer Freeman found a lighter in his jacket 

pocket and asked him about it, to which he responded that it did not belong to 

him and did not know it was in his jacket. The Petition adequately apprised 

Alexander that the State was seeking revocation based on his conduct on 

February 19. See Braxton v. State, 651 N.E.2d 268, 270 (Ind. 1995) (rejecting 

defendant’s claim that petition did not provide notice upon which revocation 

was being sought where the notice of violation alleged that defendant violated 

condition of suspended sentence because on a certain date defendant had 

committed disorderly conduct and possession of marijuana). Alexander has

failed to show that his due process rights were violated due to lack of notice.

2. Confrontation of Witnesses

[26] Alexander next argues that his right to due process was violated through the 

admission of Burton’s testimony because his testimony “as to all of the alleged 

violations” consisted of “extensive, unreliable, and often multi-level hearsay,”

and, consequently, Alexander was denied his right “to confront the sources of 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 15 of 19

most of the evidence against him.” Appellant’s Brief at 17, 22. As Alexander 

acknowledges, Indiana’s Rules of Evidence do not apply in probation and 

community corrections proceedings. See Holmes, 923 N.E.2d at 482 (“[T]he 

Indiana Rules of Evidence in general and the rules against hearsay in particular 

do not apply in community corrections placement revocation hearings.”). In 

probation and community corrections placement revocation hearings, judges 

may consider any relevant evidence bearing some substantial indicia of 

reliability, and this includes reliable hearsay. Id. “The absence of strict 

evidentiary rules places particular importance on the fact-finding role of judges 

in assessing the weight, sufficiency and reliability of proffered evidence.” Id. at 

482-83.

[27] In determining the admissibility of hearsay evidence in revocation proceedings 

and whether such admission violates an accused’s right to due process, Indiana 

has adopted a substantial trustworthiness test. Reyes v. State, 868 N.E.2d 438, 

441 (Ind. 2007). “The substantial trustworthiness test requires that the trial 

court evaluate the reliability of the hearsay evidence.” Id. at 442. Alexander 

claims on appeal that “[t]he hearsay admitted or considered by the trial court in 

this case does not pass [the substantial trustworthiness] test.” Appellant’s Brief at 

18. We disagree.

[28] We have previously upheld a trial court’s decision to admit a law enforcement 

officer’s testimony concerning notifications from fellow law enforcement 

personnel. See, e.g., Monroe, 899 N.E.2d at 691 (holding that community 

corrections officer’s testimony regarding fellow officers’ report of discovering 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 16 of 19

firearm at probationer’s residence did not lack indicia of reliability where 

officers knew each other and had history of working together). We 

acknowledge that, in this case, the evidence presented concerning the officers 

who reported the violations to case manager Burton did not include how long 

each community corrections officer had been working as such or whether

Burton had a history of working with the officer. Nevertheless, we are satisfied 

that the trial court was presented with sufficient evidence from which it could 

have determined that the hearsay was reliable.

[29] Burton testified with some specificity as to each separate violation, including 

identification on several occasions of the officer that saw the conduct and 

reported it. For instance, “Officer Freeman” found the lighter, and he was also 

the officer who saw Alexander return late to the facility on March 28, when he 

was to have had an appointment at Hamilton Center. Transcript Vol. 2 at 27. 

Officer Freeman also was the person who called “Tammy” in “Scheduling” and 

“Melissa” in “Reception” at Hamilton Center. Id. at 30. “Officer Ruddock” 

was the officer who observed Alexander playing cards rather than being in his 

bunk at 11:00 p.m. Id. at 33. Burton identified the name of the lab where the 

March 1 drug screen was sent for testing, namely Norchem Solutions. Burton 

identified the written rules that had been violated, and he also frankly 

acknowledged that the mall rule was “unwritten” and he was unsure if it was 

ever directly told to Alexander. Id. at 30. The trial court ultimately determined 

that Alexander had committed the violations as alleged in the Petition, and 

implicit in that decision is the trial court’s determination that it had evaluated 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 17 of 19

Burton’s testimony and found the hearsay evidence to be credible and reliable.3

 

We conclude that, under the facts of this case, the trial court had sufficient 

information to determine that the hearsay was substantially trustworthy.

[30] Furthermore, the State argues, and we agree, any error was harmless and 

reversal is not warranted. Here, even excluding Burton’s testimony regarding 

the lighter, interference with count, lack of required job search signatures, and 

unknown whereabouts on March 6 when he was at the mall, Alexander 

admitted other matters upon which the trial court could have based revocation. 

For instance, Alexander testified that he took a pill on March 1 and thereafter

tested positive in a screen for Xanax. As to the allegation that on March 28 he 

violated the conditions of temporary leave by not attending a scheduled 

appointment at Hamilton Center, Alexander testified that he walked to 

Hamilton Center, but did not attend his appointment, cancelled and 

rescheduled it, and walked back, returning late to the work release facility. 

Burton testified that he spoke to Alexander about it, and Alexander did not 

provide any verification of being there or of a rescheduled appointment. The 

trial court expressly found that Alexander’s testimony, with excuses for the 

violations, was not credible. Thus, the trial court could have revoked direct 

placement on the basis of the failed drug test or violation of temporary leave, 

 

3 Our Supreme Court in Reyes v. State stated, “[I]deally [the trial court should explain] on the record why the 

hearsay [is] reliable and why that reliability [is] substantial enough to supply good cause for not producing ... 

live witnesses.’” 868 N.E.2d 438, 442 (Ind. 2007) (quoting United States v. Kelley, 446 F.3d 688, 693 (8th Cir. 

2004)). However, “[i]f the test of substantial trustworthiness of hearsay evidence is met, a finding of good 

cause has also implicitly been made.” Id.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 18 of 19

and any error in the admission of Burton’s testimony on the other violations 

was harmless. See Grubb v. State, 734 N.E.2d 589, 593 (Ind. Ct. App. 2000) 

(applying harmless error analysis to find that even assuming it was error to 

admit videotaped statements of children in support of revocation based on 

allegations of child molestation, defendant’s probation could have been revoked 

because he consumed alcohol), trans. denied. Alexander’s due process rights 

were not violated by Burton’s testimony at the revocation hearing.

II. Sufficiency of the Evidence

[31] Alexander argues that, even if no violation of due process occurred, the 

evidence was insufficient to support the trial court’s finding that Alexander 

violated the terms of his direct placement. The State must prove the alleged 

violations by a preponderance of the evidence. Holmes, 923 N.E.2d at 483 

(quoting Monroe, 899 N.E.2d at 691). When reviewing the sufficiency of the 

evidence to support revocation of a community corrections placement or 

probation, we consider only the evidence most favorable to the trial court’s 

decision without reweighing evidence or judging witness credibility. Id. We 

will affirm if there is substantial evidence of probative value to support the 

conclusion that a defendant has violated any terms of community corrections 

placement or probation. Id. Even if a trial court has made erroneous findings 

with respect to some alleged violations, proof of any one violation of 

community corrections rules or probation is sufficient on appeal to affirm 

revocation. See id. 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1638 | April 25, 2019 Page 19 of 19

[32] While Alexander argues that the State failed to present sufficient evidence to 

revoke his probation, more precisely, his argument is that the State failed to 

offer sufficient admissible evidence to support the revocation. We have already 

determined that the record supported the trial court’s determination that the 

hearsay testimony met the substantial trustworthiness test. The State’s evidence

showed that Alexander possessed a lighter, was not in his bunk at 11:00 p.m. 

for count, failed to obtain required job signatures, and failed to comply with 

conditions of temporary release when he did not attend the scheduled 

appointment at Hamilton Center. By his own admission, Alexander tested 

positive on March 1 to a Xanax product. 

[33] We conclude that the State presented sufficient evidence from which the court 

could find by a preponderance of the evidence that Alexander violated one or 

more terms of the work release program. The trial court properly revoked 

Alexander’s direct placement.

[34] Judgment affirmed.

Najam, J. and Pyle, J., concur.