Home/Indiana Court of Appeals/Jenkins v. Stotts

Jenkins v. Stotts

348 N.E.2d 57, 169 Ind. App. 273, 1976 Ind. App. LEXIS 917
CourtIndiana Court of Appeals
DecidedMay 26, 1976
Docket3-675A119
StatusPublished
Cited by9 cases

This text of 348 N.E.2d 57 (Jenkins v. Stotts) 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
Jenkins v. Stotts, 348 N.E.2d 57, 169 Ind. App. 273, 1976 Ind. App. LEXIS 917 (Ind. Ct. App. 1976).

Opinion

Hoffman, J.

Petitioners-appellees Larry Stotts and Fiore Carl Bucci each petitioned the trial court for writs of habeas corpus directing respondent-appellant Leo Jenkins, Warden of the Indiana State Prison, to credit their sentences with certain “good-time” credits which they contended they had earned during their confinement in the Indiana State Prison. The trial court ruled in favor of appellees, and issued such writs. Appellants then filed their motions to correct errors, which were overruled by the trial court, and this consolidated appeal was subsequently perfected.

The sole issue presented by this appeal is whether the trial court erred in ordering that a certain method of computation be used in computing a “good-time” credit to be added to a portion of the time already served by the appellees. This controversy arises as a result of the enactment of IC 1971, 11-7-6.1-1, et seq. (Burns Supp1. 1975), which provides a new method of awarding “good-time” credits to prisoners, and the repeal of the former statutes pertaining to this subject, IC 1971, 11-7-6-1, et seq. (Burns Code Ed.). It is conceded by the parties that this change in the law necessitates a computation of the “good-time” which was earned by the appellees during their incarceration under the old law, in order that such “good-time” may be credited to their sentences and the new method of computation may be commenced. It is further conceded by the parties that all of the time .served by thé appellees during such period is eligible for a “good-time” credit.

As stated hereinabove, the issue presented by this appeal is whether the trial court erred in ordering a particular method of computation of the “good-time” credit earned by the appel-lees during their incarceration under the old law. The con *275 flicting contentions of the parties as to the appropriate method of computation result from the divergent constructions placed by them upon the following language and table of “good-time” credits enacted in IC 1971,11-7-6-1, supra:

“Diminution of sentences. — Every inmate who is now or hereafter may be confined in the Indiana State Prison, Indiana Reformatory, or Indiana Women’s Prison, for a determinate term of imprisonment, and who, while an inmate in such institution, shall have no infractions of the rules and regulations of the institution, nor infractions of the laws of the State of Indiana or laws of the United States recorded against him or her, and who performs in a faithful manner the duties assigned to him or her while an inmate, shall be entitled to a diminution of time from his or her sentence as indicated in the following table for the respective years of his or her sentence, including time being served for unpaid fine or costs, and pro rata for any part of a year when the sentence is for more or less than a year.

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Cite This Page — Counsel Stack

Bluebook (online)
348 N.E.2d 57, 169 Ind. App. 273, 1976 Ind. App. LEXIS 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-stotts-indctapp-1976.