The Herald Bulletin

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February 24, 2014

Court of Appeals upholds Anderson man's sentence

INDIANAPOLIS — The Indiana Court of Appeals recently upheld an Anderson man's sentence for violating probation after the ingredients for making methamphetamine were found in his possession while on probation.

Timothy Woolum Sr. had appealed a prison sentence saying in part that he should have been considered for placement in a community correction program.

In 2005, Woolum pleaded guilty to a Class B felony of dealing in cocaine for which he was sentenced to 16 years with 13 years to be executed in prison. Upon his release in August 2010, he was placed on probation for three years.

On March 10, 2013, Indiana State Police Trooper Nathan Rainey responded to a call that methamphetamine was being manufactured in an Anderson home. He eventually arrested everyone inside the home. Woolum was not among those arrested.

About a week later, Rainey saw Woolum on the front porch of the house. On April 17, Rainey checked a Pay Less store surveillance camera and saw Woolum had purchased lithium batteries, which are often used in the making of meth.

On April 18, Rainey and a probation officer went to the home where police found a plastic straw in Woolum's pocket; the straw tested positive for meth residue. Other meth ingredients were also found.

A probation hearing was held in May and Woolum asked for placement in the Madison County Drug Program. Madison Circuit Court Judge Dennis Carroll found that Woolum had violated his probation by testing positive. Woolum's probation was revoked and he was ordered to serve the remaining three years of his sentence in prison.

The court of appeals upheld the sentence saying that although evidence was heard that Woolum had completed some drug counseling, he was still "heavily involved in meth use."

— The Herald Bulletin

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