Legal Opinion · Concurrence

Brown v. State

Indiana Court of Appeals

Decided October 16, 2008No. 49A02-0802-CR-137Published

1ConcurrenceBaker, Chief Judge

Although I concur in the result reached by the majority, I must respectfully part ways with my colleagues’ analysis. Like the proverbial duck, if it looks like home detention, is treated as home detention, and is called home detention, it is home detention. I believe this to be true regardless of the way in which it is being served. Whether on probation or as part of an executed sentence, home detention is home detention. A defendant commits class D felony escape if he “knowingly or intentionally violates a home detention order,” I.C. § 35^14-3-5(b), and he commits class A misdemeanor…

2Cases cited1 opinion

  1. Schnepp v. StateIndiana Court of Appeals · 2002

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