Dixon v. State

685 N.E.2d 715, 1997 Ind. App. LEXIS 1267, 1997 WL 575314
CourtIndiana Court of Appeals
DecidedSeptember 16, 1997
Docket10A05-9604-CR-161
StatusPublished
Cited by8 cases

This text of 685 N.E.2d 715 (Dixon v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. State, 685 N.E.2d 715, 1997 Ind. App. LEXIS 1267, 1997 WL 575314 (Ind. Ct. App. 1997).

Opinion

OPINION

SHARPNACK, Chief Judge.

Gerald Dixon appeals his sentence for operating a vehicle while intoxicated resulting in death, a class C felony, operating a vehicle with a .10% or more blood alcohol content (“BAC”) resulting in death, a class C felony, operation of a vehicle while intoxicated resulting in serious bodily injury, a class D felony, and operation of a vehicle with a .10% or more BAC resulting in serious bodily injury, a class D felony. Dixon raises three issues for our review, which we restate as:

1) whether the trial court failed to consider the existence of mitigating factors in determining his sentence;
2) whether the trial court erroneously denied him good time credit for time spent in an in-patient rehabilitation program and a half-way house prior to his conviction; and
3) whether the trial court erroneously entered an order of license suspension of his driver’s license, without his presence after the sentencing hearing.

We affirm.

The facts most favorable to the judgment follow. On April 16, 1994, Dixon’s vehicle crossed the center line and struck another vehicle, causing the death of Alvin Widmer and seriously injuring Mary Widmer. On April 25, 1994, Dixon was arrested and charged with multiple substance related offenses. On the following day, he was released on electronic home detention pending trial.

On August 22, 1994, Dixon, with the trial court’s permission, entered Turning Point, an in-patient substance abuse rehabilitation program. After completion of this thirty day program, Dixon went to Serenity House, a half-way house which specialized in working with alcoholics.

On April 18, 1995, Dixon plead guilty to four counts and was incarcerated until his sentencing. On June 27,1995, the trial court sentenced Dixon to four years plus an enhancement of four years. The trial court gave Dixon credit for the days spent on electronic home detention and for the time he spent in jail prior to sentencing, but denied Dixon credit for the time spent in the rehabilitation program and the half-way house.

On July 3, 1995, the trial court entered an “Order of License Suspension” for five years. Dixon was not present when this order was entered. Dixon now appeals his sentence.

I.

The first issue raised for our review is whether the trial court failed to consider *717 the existence of mitigating factors in determining Dixon’s sentence. Sentencing is left to the sound discretion of the trial court. Barany v. State, 658 N.E.2d 60, 67 (Ind. 1995). The trial court is the sentencing authority and can accept or reject sentencing recommendations as long as the decision is reasonably made. Jones v. State, 467 N.E.2d 681, 684 (Ind.1984).

Where the trial court finds the existence of aggravating or mitigating circumstances, it is required to state its reasons for the sentence imposed. Ind.Code § 35-38-1-3. The statement should include an identification of the significant aggravating and mitigating circumstances, specific facts and reasons leading the court to find the existence of such circumstances, and an articulation demonstrating that the mitigating and aggravating circumstances have been evaluated and balanced in determining the sentence. Harris v. State, 659 N.E.2d 522, 527-528 (Ind. 1995). However, the finding of mitigating circumstances is not required and falls within the trial court’s discretion. Id. at 528; see also Jones, 467 N.E.2d at 684 (holding that it was appropriate for the trial court to find that lack of a prior criminal record was not a mitigating factor in light of the violent nature of the crime committed). Further, “[a] trial court is not obligated to explain why it has not chosen to find mitigating circumstances.” Harris, 659 N.E.2d at 528.

Dixon argues that the trial court failed to consider mitigating factors when sentencing him. He presented several witnesses at the sentencing hearing who testified about his good character traits, his work ethic, and his cooperation and participation in the substance abuse programs, suggesting that he had reformed himself. After the presentation of the evidence, the trial court stated that “given the history of Mr. Dixon, his criminal history, ... there is [sic] really no mitigating circumstances before this particular Court.” Record, p. 400. Given Dixon’s four prior convictions for alcohol related offenses, we find that the trial court’s rejection of the mitigating factors proposed by Dixon was reasonable. See Jones, 467 N.E.2d at 684. Had the trial court found the existence of mitigating circumstances, it would have been obligated to state its reasons for such a finding. See I.C. § 35-38-1-3; Harris, 659 N.E.2d at 527. Here, the trial court found that there were no mitigating factors and was not required to explain why the proposed mitigating circumstances had been rejected. See Harris, 659 N.E.2d at 528. Therefore, we find that the trial court did not erroneously fail to consider the existence of mitigating factors when it sentenced Dixon. See id.

II.

The next issue we must address is whether the trial court erroneously denied Dixon good time credit for time he spent in an in-patient rehabilitation program and a half-way house prior to his conviction. A person imprisoned awaiting trial for a crime is initially assigned to class I for the purpose of calculating credit time. I.C. § 35-50-6-4. Pursuant to I.C. § 35-50-6-3 (“the good time credit statute”), “[a] person assigned to class I earns one (1) day of credit time for each day he is imprisoned for a crime or confined awaiting trial or sentencing.” I.C. § 35-50-6-3. Dixon contends that he is entitled to credit for the time spent in these rehabilitation programs because such programs constitute “confine[ment] awaiting trial.” I.C. § 35-50-6-3.

Dixon primarily relies on Capes v. State in which our supreme court held that pretrial home detention qualified for good time credit. Capes v. State, 634 N.E.2d 1334 (Ind. 1994). Although the supreme court recognized that the underlying policy for giving good time credit was not supported by giving credit for pretrial or post-conviction home detention 1 , it nevertheless concluded that pretrial home detention should qualify for credit because I.C. § 35-38-2.6-6 allowed credit for individuals assigned to a community corrections program and placed on home detention. Capes, 634 N.E.2d at 1335.

*718 However, Capes is not controlling on the issue of good time credit for voluntary rehabilitation programs because that case concerned credit for home detention.

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Bluebook (online)
685 N.E.2d 715, 1997 Ind. App. LEXIS 1267, 1997 WL 575314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-state-indctapp-1997.