MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be Aug 31 2015, 8:47 am 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.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE R. Patrick Magrath Gregory F. Zoeller Alcorn Sage Schwartz & Magrath, LLP Attorney General of Indiana Madison, Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Charles Robinson, August 31, 2015 Appellant-Defendant, Court of Appeals Case No. 36A04-1504-CR-141 v. Appeal from the Jackson Circuit Court State of Indiana, The Honorable William E. Vance, Appellee-Plaintiff Judge Trial Court Cause No. 36C01-1308-FC-45
Mathias, Judge.
[1]! Charles Robinson (“Robinson”) pleaded guilty in the Jackson Circuit Court to
Class C felony operating a motor vehicle after lifetime suspension and Class A
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 1 of 7 misdemeanor resisting law enforcement. The trial court sentenced Robinson to
four years for the Class C felony and one year for the Class A misdemeanor to
be served on home detention concurrently. Robinson failed to meet the
conditions of home detention, and after a hearing, his home detention was
revoked. The trial court awarded 383 actual days and 383 days credit time for
home detention and subsequent incarceration. On appeal, Robinson argues that
the trial court incorrectly calculated his pre-sentencing time and credit and
failed to include previously accrued credit from a prior sentencing order. The
State agrees but arrives at a different figure for credit time due Robinson.
[2]! We reverse and remand for proceedings consistent with this opinion.
Facts and Procedural History
[3]! On August 13, 2013, at 6:53 p.m., police attempted to stop Robinson after he
disregarded a stop sign. Robinson fled the scene and parked the car at a nearby
apartment complex, then fled on foot. Officers were able to identify Robinson
as the driver after speaking with a neighbor, who sold Robinson the vehicle.
Officers later arrested Robinson at his home.
[4]! Robinson was charged with two counts: Class C felony operating a motor
vehicle after forfeiture of license for life and Class A misdemeanor resisting law
enforcement. Robinson posted bond and was released on August 23, 2013.
[5]! Hardly a month later, on September 28, 2013, Robinson was arrested once
again for operating a motor vehicle after forfeiture for life and, this time, for
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 2 of 7 failure to stop after accident resulting in damage to an unattended vehicle. On
November 20, 2013, the trial court granted the State's request to revoke
Robinson's bond for his prior arrests, and Robinson remained incarcerated
pending trial or change of plea. Robinson entered into an agreement with the
State on January 10, 2014, to plead guilty to both the Class C felony and the
Class A misdemeanor arising from his August 13 arrest, dismiss the new
charges arising from the September 28 arrest, and to receive a four-year
sentence to be served on home detention. At the February 7, 2014, sentencing
hearing, the trial court sentenced Robinson in accordance with the plea
agreement and awarded him 143 actual days plus 143 days credit for the time
Robinson was incarcerated prior to pleading guilty.
[6]! Robinson started home detention on February 11, 2014. However, Robinson
failed to meet several conditions of home detention, so his case manager
requested that home detention be revoked, and a warrant was issued for
Robinson’s arrest. The request for warrant cited Robinson’s failure to pay home
detention fees, failed drug tests, failure to abide by a weekly schedule, failure to
participate in mental health programming, and failure to find full-time
employment as violations. The trial court granted the request for a warrant and
Robinson was arrested on September 24, 2014, and a revocation hearing was
held on March 4, 2015.
[7]! The trial court revoked Robinson's home detention on March 4, 2015, and
ordered Robinson to serve the remainder of his sentence in an appropriate penal
facility. The order awarded Robinson 383 days actual credit plus 383 days
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 3 of 7 earned credit days and ordered him to pay $3,440 for the costs and fees
associated with home detention.
[8]! During the March 4, 2015 sentencing hearing, some confusion existed as to the
number of days of credit time to which Robinson was entitled. Robinson, the
State, and the trial court each came to a different conclusion. The trial court’s
order stated that Robinson would receive 383 days credit “in addition to any
time the Defendant has been awarded under previous orders” but did not
include the 143 days plus credit time awarded in the original February 7, 2014,
sentencing order.
[9]! After the hearing, Robinson filed several requests for correction of his actual
time and earned credit time, specifically emphasizing that the pre-sentencing
143-day incarceration was not included in the order. The trial court did not rule
on Robinson’s requests. Robinson now appeals.
Discussion and Decision
[10]! Robinson argues that the trial court did not give him credit for the total number
of days he was incarcerated prior to his sentencing date. He claims that the
sentencing order should have awarded him 530 actual days and 530 days credit
time, instead of the 383 actual days and 383 days credit granted. The State
concedes that the trial court did not correctly calculate the days for which
Robinson received credit but argues that Robinson is entitled to 475 days of
credit for time spent incarcerated or in home detention. Specifically, both
parties agree that the trial court did not properly calculate Robinson’s
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 4 of 7 previously accrued credit awarded in the February 7, 2014 sentencing order.
The parties only disagree on whether Robinson’s 53 days of incarceration from
September 28, 2013 to November 20, 2013 should be included as previously
accrued credit.
[11]! Even though the trial court did not rule on Robinson’s request to correct his
sentence, a sentencing error may be raised for the first time on appeal. Watkins
v. State, 588 N.E.2d 1342, 1344 (Ind. Ct. App. 1992). Indiana Code section 35-
50-6-3(a) provides, “A person assigned to Class I earns one (1) day of credit
time for each day the person is imprisoned for a crime or confined awaiting trial
or sentencing. Because pre-sentence jail time credit is a matter of statutory right,
trial courts generally do not have discretion in awarding or denying such credit.
Perry v. State, 13 N.E.3d 909, 911 (Ind. Ct. App. 2014) (citing Molden v. State,
750 N.E.2d 448, 449 (Ind. Ct. App. 2001)).
[12]! The determination of a defendant's pre-trial credit depends on (1) pre-trial
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MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be Aug 31 2015, 8:47 am 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.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE R. Patrick Magrath Gregory F. Zoeller Alcorn Sage Schwartz & Magrath, LLP Attorney General of Indiana Madison, Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Charles Robinson, August 31, 2015 Appellant-Defendant, Court of Appeals Case No. 36A04-1504-CR-141 v. Appeal from the Jackson Circuit Court State of Indiana, The Honorable William E. Vance, Appellee-Plaintiff Judge Trial Court Cause No. 36C01-1308-FC-45
Mathias, Judge.
[1]! Charles Robinson (“Robinson”) pleaded guilty in the Jackson Circuit Court to
Class C felony operating a motor vehicle after lifetime suspension and Class A
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 1 of 7 misdemeanor resisting law enforcement. The trial court sentenced Robinson to
four years for the Class C felony and one year for the Class A misdemeanor to
be served on home detention concurrently. Robinson failed to meet the
conditions of home detention, and after a hearing, his home detention was
revoked. The trial court awarded 383 actual days and 383 days credit time for
home detention and subsequent incarceration. On appeal, Robinson argues that
the trial court incorrectly calculated his pre-sentencing time and credit and
failed to include previously accrued credit from a prior sentencing order. The
State agrees but arrives at a different figure for credit time due Robinson.
[2]! We reverse and remand for proceedings consistent with this opinion.
Facts and Procedural History
[3]! On August 13, 2013, at 6:53 p.m., police attempted to stop Robinson after he
disregarded a stop sign. Robinson fled the scene and parked the car at a nearby
apartment complex, then fled on foot. Officers were able to identify Robinson
as the driver after speaking with a neighbor, who sold Robinson the vehicle.
Officers later arrested Robinson at his home.
[4]! Robinson was charged with two counts: Class C felony operating a motor
vehicle after forfeiture of license for life and Class A misdemeanor resisting law
enforcement. Robinson posted bond and was released on August 23, 2013.
[5]! Hardly a month later, on September 28, 2013, Robinson was arrested once
again for operating a motor vehicle after forfeiture for life and, this time, for
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 2 of 7 failure to stop after accident resulting in damage to an unattended vehicle. On
November 20, 2013, the trial court granted the State's request to revoke
Robinson's bond for his prior arrests, and Robinson remained incarcerated
pending trial or change of plea. Robinson entered into an agreement with the
State on January 10, 2014, to plead guilty to both the Class C felony and the
Class A misdemeanor arising from his August 13 arrest, dismiss the new
charges arising from the September 28 arrest, and to receive a four-year
sentence to be served on home detention. At the February 7, 2014, sentencing
hearing, the trial court sentenced Robinson in accordance with the plea
agreement and awarded him 143 actual days plus 143 days credit for the time
Robinson was incarcerated prior to pleading guilty.
[6]! Robinson started home detention on February 11, 2014. However, Robinson
failed to meet several conditions of home detention, so his case manager
requested that home detention be revoked, and a warrant was issued for
Robinson’s arrest. The request for warrant cited Robinson’s failure to pay home
detention fees, failed drug tests, failure to abide by a weekly schedule, failure to
participate in mental health programming, and failure to find full-time
employment as violations. The trial court granted the request for a warrant and
Robinson was arrested on September 24, 2014, and a revocation hearing was
held on March 4, 2015.
[7]! The trial court revoked Robinson's home detention on March 4, 2015, and
ordered Robinson to serve the remainder of his sentence in an appropriate penal
facility. The order awarded Robinson 383 days actual credit plus 383 days
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 3 of 7 earned credit days and ordered him to pay $3,440 for the costs and fees
associated with home detention.
[8]! During the March 4, 2015 sentencing hearing, some confusion existed as to the
number of days of credit time to which Robinson was entitled. Robinson, the
State, and the trial court each came to a different conclusion. The trial court’s
order stated that Robinson would receive 383 days credit “in addition to any
time the Defendant has been awarded under previous orders” but did not
include the 143 days plus credit time awarded in the original February 7, 2014,
sentencing order.
[9]! After the hearing, Robinson filed several requests for correction of his actual
time and earned credit time, specifically emphasizing that the pre-sentencing
143-day incarceration was not included in the order. The trial court did not rule
on Robinson’s requests. Robinson now appeals.
Discussion and Decision
[10]! Robinson argues that the trial court did not give him credit for the total number
of days he was incarcerated prior to his sentencing date. He claims that the
sentencing order should have awarded him 530 actual days and 530 days credit
time, instead of the 383 actual days and 383 days credit granted. The State
concedes that the trial court did not correctly calculate the days for which
Robinson received credit but argues that Robinson is entitled to 475 days of
credit for time spent incarcerated or in home detention. Specifically, both
parties agree that the trial court did not properly calculate Robinson’s
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 4 of 7 previously accrued credit awarded in the February 7, 2014 sentencing order.
The parties only disagree on whether Robinson’s 53 days of incarceration from
September 28, 2013 to November 20, 2013 should be included as previously
accrued credit.
[11]! Even though the trial court did not rule on Robinson’s request to correct his
sentence, a sentencing error may be raised for the first time on appeal. Watkins
v. State, 588 N.E.2d 1342, 1344 (Ind. Ct. App. 1992). Indiana Code section 35-
50-6-3(a) provides, “A person assigned to Class I earns one (1) day of credit
time for each day the person is imprisoned for a crime or confined awaiting trial
or sentencing. Because pre-sentence jail time credit is a matter of statutory right,
trial courts generally do not have discretion in awarding or denying such credit.
Perry v. State, 13 N.E.3d 909, 911 (Ind. Ct. App. 2014) (citing Molden v. State,
750 N.E.2d 448, 449 (Ind. Ct. App. 2001)).
[12]! The determination of a defendant's pre-trial credit depends on (1) pre-trial
confinement and (2) the pre-trial confinement being a result of the criminal
charge for which the sentence is being imposed. Stephens v. State, 735 N.E.2d
278, 284 (Ind. Ct. App. 2000). Defendants are not entitled to credit time for
time served in wholly unrelated cases, even if the other case is dismissed. James
v. State, 872 N.E.2d 669, 672 (Ind. Ct. App. 2007). A defendant only receives
credit for time spent in custody due to the case in which he is being sentenced,
not factually unrelated cases that may lead to concurrent incarceration. Brown v.
State, 907 N.E.2d 591, 595 (Ind. Ct. App. 2009).
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 5 of 7 [13]! When Robinson was arrested on September 28, 2013, he was out on bond for
Class C felony operating a motor vehicle after forfeiture of license for life and
Class A misdemeanor resisting law enforcement, the offenses to which he
pleaded guilty in this case. The September 28, 2013, arrest involved an entirely
separate incident unrelated to the charges at issue in this appeal.
[14]! Robinson was incarcerated on the new charges for 53 days, from September 28,
2013 to November 20, 2013, the date his bond was revoked in this case. After
Robinson made a plea agreement with the State, the second set of charges were
dropped. Robinson is not entitled to credit time for these days even though the
charges were dismissed because the case was wholly unrelated to the previous
charges. See James, 872 N.E.2d at 672.
Conclusion
[15]! The trial court incorrectly calculated Robinson's actual and credit time in the
March 4, 2015 sentencing order and failed to include the previously accrued
credit from the February 7, 2014 sentencing order. On remand, the trial court
should re-calculate Robinson's sentence by including the following periods of
incarceration and home detention for previously accrued actual and credit time:
1.! August 13, 2013 through August 23, 2013 (Robinson arrested then released on bond); 2.! November 20, 2013 through February 7, 2014 (bond revoked, plea entered, and sentencing hearing); 3.! February 11, 2014 through September 24, 2014 (home detention) and; 4.! September 24, 2014 through March 4, 2015 (incarcerated and sentencing hearing on home detention revocation).
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 6 of 7 [16]! Robinson is not entitled to 53 days of credit for the time he served after being
arrested on September 28, 2014, until his bond was revoked on November 20,
2013, because he was in custody for unrelated charges that were later dismissed.
See James, 872 N.E.2d at 672.
[17]! Reversed and remanded for proceedings consistent with this opinion.
Baker, J., and Najam, J., concur.
Court of Appeals of Indiana | Memorandum Decision 36A04-1504-CR-141 | August 31, 2015 Page 7 of 7