Jones v. State

OPINION

RATLIFEF, Senior Judge.

STATEMENT OF THE CASE

Defendant-Appellant Richard A. Jones ("Defendant") appeals from the trial court's order modifying the terms of his probation for his conviction of sexual bat tery, a Class D felony, Ind.Code § 85-42-4-8(a).

We affirm in part, and reverse in part.

ISSUE

Defendant presents the following issue for our review which restated is: whether a trial court may modify the terms of a defendant's probation absent a violation of probation.

FACTS AND PROCEDURAL HISTORY

On January 11, 2002, Defendant was charged with two counts of sexual misconduct with a minor,…