Court of Appeals of Indiana | Memorandum Decision 18A-CR-268 | August 29, 2018 Page 1 of 5

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

John T. Wilson

Anderson, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Michael G. Worden

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Zachary Allen Fix,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

August 29, 2018

Court of Appeals Case No.

18A-CR-268

Appeal from the Madison Circuit 

Court

The Honorable Thomas Newman, 

Jr., Judge

Trial Court Cause No.

48D03-1009-FB-422

Sharpnack, Senior Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-268 | August 29, 2018 Page 2 of 5

Statement of the Case

[1] Zachary Allen Fix appeals the sentence imposed by the trial court after he 

admitted to violating the terms of his community corrections placement. We 

affirm.

Issue

[2] Fix raises one issue, which we restate as: whether the trial court abused its 

discretion in ordering him to serve the balance of his previously-suspended 

sentence.

Facts and Procedural History

[3] In 2011, Fix pleaded guilty to burglary as a Class B felony and theft as a Class 

D felony. In exchange for his guilty plea, the parties agreed that the executed 

portion of his sentence would be capped at six years. The court accepted the 

plea agreement and sentenced Fix to twenty years, with fourteen years 

suspended.

[4] Fix was released from prison in 2012 and placed on probation. On October 23, 

2012, the State filed a notice of violation of probation. During a January 7, 

2013 hearing, Fix admitted he violated the terms of his probation by failing to 

pay court costs and by using marijuana. The trial court revoked Fix’s probation 

and ordered him to serve his previously-suspended sentence in the Indiana 

Department of Correction (DOC).
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[5] In 2014, Fix filed a motion to reinstate probation. The court held a hearing and 

denied his petition because he had committed misconduct while in the DOC. 

In April 2015, Fix filed a motion to modify placement. The court denied Fix’s 

motion in June 2015. Fix participated in several programs while at the DOC, 

including purposeful incarceration.

[6] On October 4, 2016, Fix filed a motion to modify his sentence. The court held 

a hearing and granted the motion, sending Fix to the Madison County 

Community Transition Program. Fix completed the program and was placed 

in Madison County’s Adult Day Reporting Program on March 14, 2017.

[7] On May 4, 2017, the community corrections program filed a notice of violation, 

alleging Fix had failed to attend two scheduled appointments with his case 

manager. On August 15, 2017, the community corrections program filed a 

second notice of violation, alleging Fix violated the terms of his placement by: 

(1) failing to pay fees; (2) testing positive for methamphetamine; (3) committing 

a new offense, specifically battery on a public service officer, a felony; and (4) 

being incarcerated in the Madison County jail.

[8] The court held an evidentiary hearing, during which it was revealed that Fix 

had committed battery against two public service officers when they took him 

into custody for failing a drug screen, causing the State to file a new criminal 

case. It was further revealed that Fix had committed another battery during the 

same span of time, against the mother of his child, resulting in yet another 

criminal case.
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[9] The trial court held a hearing, during which Fix admitted that he had used

methamphetamine and had committed battery as alleged in the notice of 

violation. Based on Fix’s admissions, the court terminated his community 

corrections placement and ordered him to serve the remainder of his previouslysuspended sentence in the DOC, to be served consecutively to his sentences in 

the battery cases. This appeal followed.

Discussion and Decision

[10] Fix contends the trial court should not have ordered him to serve the balance of 

his previously-suspended sentence in the DOC, claiming that a term of 

probation would allow him to obtain substance abuse treatment.

[11] Placement in either probation or a community corrections program is “‘a 

matter of grace and a conditional liberty that is a favor, not a right.’” State v. 

Vanderkolk, 32 N.E.3d 775, 777 (Ind. 2015) (quoting Cox v. State, 706 N.E.2d 

547, 549 (Ind. 1999)). When a probationer violates a term of probation, the 

court may: (1) continue the person on probation, with or without modifying 

the conditions; (2) extend the probationary period; or (3) order execution of all 

or part of the previously-suspended sentence. Ind. Code § 35-38-2-3(h) (2015).

[12] A reviewing court treats a petition to revoke placement in a community 

corrections program the same as a petition to revoke probation. McCauley v. 

State, 22 N.E.3d 743, 746 (Ind. Ct. App. 2014), trans. denied. A trial court’s 

sentencing decisions for probation violations are reviewable using the abuse of 

discretion standard. Prewitt v. State, 878 N.E.2d 184, 188 (Ind. 2007). An abuse 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-268 | August 29, 2018 Page 5 of 5

of discretion occurs where the decision is clearly against the logic and effect of 

the facts and circumstances. Id.

[13] Fix committed numerous serious offenses while in community corrections, 

including using methamphetamine and committing multiple batteries. This 

was not the first time Fix abused an alternative to incarceration because he used 

marijuana while on probation in 2012. Fix has demonstrated that he will not

refrain from using controlled substances when not at the DOC. He can seek 

substance abuse treatment while incarcerated. Based on this record, the trial 

court acted well within its discretion in ordering Fix to serve the remainder of 

his previously-suspended sentence at the DOC.

Conclusion

[14] For the reasons stated above, we affirm the judgment of the trial court.

[15] Affirmed.

Bailey, J., and Brown, J., concur.