Dale Murphy v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 24, 2019
• Docket: 18A-CR-1842
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Apr 24 2019, 9:29 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

APPELLANT PRO SE ATTORNEYS FOR APPELLEE Dale Murphy Curtis T. Hill, Jr. Bunker Hill, Indiana Attorney General of Indiana

Laura R. Anderson Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Dale Murphy, April 24, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-1842 v. Appeal from the Clay Superior Court State of Indiana, The Honorable J. Blaine Akers, Appellee-Plaintiff Judge Trial Court Cause No. 11D01-1306-FA-419

Altice, Judge.

Case Summary

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1842 | April 24, 2019 Page 1 of 3 [1] Dale Murphy, pro se, appeals from the trial court’s denial of his Petition for Jail

Time Credit (Petition) related to his conviction and sentence for Class A felony

conspiracy to commit murder. The State correctly observes, however, that

Murphy had already been granted the time requested. Thus, the Petition was

properly denied.

[2] We affirm.

Facts & Procedural History

[3] On September 8, 2014, Murphy entered into a plea agreement with the State,

pleading guilty to Class A felony conspiracy to commit murder in exchange for

an agreed sentence and the dismissal of another criminal cause. The trial court

approved the plea agreement and sentenced Murphy accordingly, on October 8,

2014, to twenty years in prison with two of those years suspended to probation.

The trial court granted Murphy credit for 660 days actually served and 660 days

of earned credit. See Appendix at 24 (Sentencing Order provides: “The

Defendant is given credit time for 660 actual days (December 17, 2012 through

October 7, 2014) previously served and is entitled to good time credit, if

earned.”); id. at 25 (Abstract of Judgment indicates 660 “actual days” and 660

“earned credit days”).

[4] In March 2018, Murphy filed a Motion to Correct Erroneous Sentence,

claiming that he had not been given good time credit when he was sentenced in

October 2014. The trial court summarily denied this motion on March 20,

2018. In doing so, the court attached a copy of the Abstract of Judgment,

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1842 | April 24, 2019 Page 2 of 3 which the trial court noted “clearly shows credit for 660 actual days and 660

good time credit days.” Id. at 13.

[5] On July 9, 2018, Murphy filed the instant Petition, again alleging that he had

not been awarded earned credit time (also known as good time credit). The

State quickly filed an objection to the motion and reminded the trial court that

the issue had already been ruled upon a few months prior. Thereafter, on July

12, 2018, the trial court denied the Petition. Murphy now appeals.

Discussion & Decision

[6] The record overwhelmingly establishes that, at the time of his original

sentencing, Murphy was given 660 days of credit for time served and 660 days

of earned credit time. On appeal, Murphy asks that we reverse and remand

with instructions for the trial court to “issue a corrected Abstract of Judgment to

indicate the good time credit Defendant has earned.” Appellant’s Brief at 5. The

Abstract of Judgment already reflects this earned credit time. Accordingly, the

trial court properly denied the Petition.

[7] Judgment affirmed.

Kirsch, J., and Vaidik, C.J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1842 | April 24, 2019 Page 3 of 3