Daniel G. Hoffa v. State Indiana

The defendant, Daniel G. Hoffa, was sentenced upon a plea of guilty to a robbery charge. The trial Judge suspended his sentence and placed him on probation for a period of three (3) years subject to certain conditions contained in a formal probation agreement. Six (6) months later, Hoffa was arrested and charged with two (2) counts of unlawful dealing in a controlled substance. On March 31, 1976, the trial court conducted a probation revocation hearing, after which the trial court revoked Hoffas probation. The Court of Appeals reversed, holding that an adjudication of guilt is a prerequisite to revocation. Hoffa v. State, (1977) Ind. App., 358 N.E.2d 753, following our case of State ex rel. Gash v. Morgan Superior Court, (1972) 258 Ind. 485, 283 N.E.2d 349. The state has petitioned to transfer.