Vicory v. State

Summary

The Indiana Supreme Court held that a defendant's right of allocution applies to probation revocation hearings when the defendant specifically requests an opportunity to make a statement. Although the trial court should have granted Chad Vicory's request to read a statement, the court affirmed because Vicory had testified at the hearing and did not identify any additional argument he would have made.

Holdings

1. The right of allocution applies to probation revocation hearings when the defendant specifically requests an opportunity to make a statement.
2. The trial court was not required under Indiana Code section 35-38-1-5 to ask Vicory whether he wished to make a statement because a probation revocation hearing does not involve pronouncing a new sentence.
3. The denial did not require reversal because Vicory testified at the hearing, thereby substantially accomplishing the purpose of allocution, and he did not identify any additional statement or argument he would have made.
4. Vicory did not waive the claim because his specific request to read a statement and the trial court's denial of that request preserved the issue for appeal.

Questions Presented

1. Whether a defendant has a right of allocution at a probation revocation hearing.
2. Whether the trial court's refusal to permit Vicory to read a requested statement required reversal when he had already testified and did not identify what additional statement he would have made.
3. Whether Vicory waived the allocution claim by failing to object contemporaneously.

Disposition

affirmed