![]() The court admitted a protective order dated February 28, 2019, indicating it expired on February 8, 2021, and prohibiting Hornsby from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with Lindsay Packer. On November 25, 2019, the court held a hearing, and the prosecutor stated that the request for probation violation hearing should state Hornsby committed invasion of privacy on October 12, 2019, instead of September 12, 2019. On November 21, 2019, the probation officer filed an Amended Request for Court of Appeals of Indiana | Memorandum Decision 20A-CR-85 | J of 9 Probation Violation Hearing alleging Hornsby committed another criminal offense of invasion of privacy as a class A misdemeanor on or about September 12, 2019. On September 13, 2019, a probation officer filed a Request for Probation Violation Hearing alleging Hornsby committed a new criminal offense, invasion of privacy as a class A misdemeanor on or about June 23, 2019. The court accepted the plea agreement, sentenced Hornsby to the Department of Correction for four years with three years and ninety-five days suspended, and ordered that he shall obey all conditions of probation set forth in Exhibit A attached to the plea agreement. If you do commit another criminal offense, your probation may be revoked.” Appellant’s Appendix Volume II at 52. The plea agreement provided that Hornsby shall obey all conditions of probation attached as Exhibit A, which provided in part: “You must not commit another criminal offense. On February 1, 2019, the court approved a plea agreement in which Hornsby pled guilty to Count I, carrying a handgun without a license as a level 5 felony, and the State agreed to dismiss the remaining counts as well as cause number 15D02-1901-CM-29 and recommend a sentence of four years with three years and ninety-five days suspended. Facts and Procedural History On April 18, 2018, the State charged Hornsby with: Count I, carrying a handgun without a license on or in school property as a level 5 felony Count II, maintaining a common nuisance as a level 6 felony and Count III, possession of marijuana as a class B misdemeanor. Court of Appeals of Indiana | Memorandum Decision 20A-CR-85 | J of 9 Cole Hornsby appeals his sentence following the revocation of his probation. Appeal from the Dearborn Circuit Court The Honorable James D. Attorney General of Indiana Courtney Staton Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Cole Hornsby, JAppellant-Defendant, Court of Appeals Case No. ![]() ![]() FILED Jun 29 2020, 8:35 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Jennifer A. 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. ![]()
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