DEAN v. STATE (2017)

Order

[1] On June 15, 2017, this Court issued its Memorandum Decision. The Court concluded that Appellant's waiver of counsel was not knowing, intelligent, and voluntary. Accordingly, the Court reversed the trial court's decision and remanded the matter for a new probation revocation hearing.

[2] On July 14, 2017, Appellant, by counsel, filed a Motion to Withdraw Opinion and Dismiss Appeal. Appellant states that he was released from jail on May 11, 2017 and has obtained employment. Appellant notes that his employment includes a 90-day probationary period during which he cannot be absent from work. The trial court has scheduled a pre-trial hearing for July 26, 2017. Appellant states that this hearing would cause him to miss work during his 90-day probationary period and, thus, jeopardize his employment. Consequently, Appellant asks the Court to vacate its opinion and dismiss this appeal, thereby preventing any need for hearings in the trial court. Appellant states that he understands the consequences of this request. He also states that Appellee does not object and takes no position with regard to his motion.

[3] Having reviewed the matter, the Court finds and orders as follows:

1. Appellant's Motion to Withdraw Opinion and Dismiss Appeal is granted, and this appeal is dismissed with prejudice.

2. This Court's June 15, 2017 Memorandum Decision is withdrawn and vacated.

3. The Clerk of this Court is directed to remove from the Court's website the June 15, 2017 version of this Court's Memorandum Decision.

4. The Clerk of this Court is directed to send a copy of this order to the parties, the trial court, West/Thomson Reuters, LexisNexis, Wolters Kluwer, and all other sources to which decisions/opinions of this Court are normally sent, and the Shelby Circuit and Superior Courts Clerk.

5. The Shelby Circuit and Superior Courts Clerk is directed to file a copy of this order under Cause Number 73D02-1508-F6-242, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.

Nancy Harris Vaidik, Chief Judge

Vaidik, C.J., Bailey, Robb, JJ., concur.