Russell Prewitt, Appellant (defendant Below) v. State of Indiana, Appellee (plaintiff Below)

Summary

The Indiana Supreme Court granted transfer and affirmed the trial court's disposition of Prewitt's third probation violation, displacing the Court of Appeals' contrary decision. Holding that the disjunctive 'or' in Indiana Code § 35-38-2-3(g) does not confine a sentencing court to a single option, the court ruled that a judge may combine the enumerated dispositions — here, executing two years of the previously suspended sentence while continuing probation conditioned on post-incarceration treatment at Richmond State Hospital. The court further held that sentences imposed for probation violations are reviewed for abuse of discretion rather than under Appellate Rule 7(B), and found no abuse given Prewitt's repeated violations and failure to complete the halfway house program. All five justices concurred; there were no separate writings.