Renfroe v. Parke

736 N.E.2d 797, 2000 Ind. App. LEXIS 1661, 2000 WL 1540958
CourtIndiana Court of Appeals
DecidedOctober 19, 2000
DocketNo. 67A01-0005-CR-140
StatusPublished
Cited by3 cases

This text of 736 N.E.2d 797 (Renfroe v. Parke) 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
Renfroe v. Parke, 736 N.E.2d 797, 2000 Ind. App. LEXIS 1661, 2000 WL 1540958 (Ind. Ct. App. 2000).

Opinion

OPINION

BARNES, Judge

Case Summary

Lawrence Renfroe appeals the denial of his petition for post-conviction relief. We reverse and remand for further proceedings.

Issue

We restate the sole issue presented by this appeal as whether the Indiana Department of Correction (“DOC”) awarded Ren-froe sufficient credit time toward his sentence for earning his general educational development (“GED”) diploma.

[798]*798Facts

On March 13, 1995, Renfroe was sentenced to a fixed term of three years for possession of a stolen vehicle. At the time of the sentence, he had earned forty-six days of pre-sentence jail credit. Because of his consistent Class I credit status, Ren-froe’s earliest release date was calculated to be July 26, 1996 - i.e., one and one-half years from his first day of imprisonment on the charge. He received his GED on July 1, 1996, and should have been awarded a six-month credit pursuant to Indiana Code Section 35-50-6-3.3. He was released that same day, thereby actually benefiting from only twenty-five days of the six-month credit. The next day he was declared delinquent; he was returned to the DOC as a parole violator on August 29, 1996. Renfroe was paroled a second time on February 17, 1997. He was again declared delinquent on March 24, 1997, but was not returned to the DOC until January 12, 2000. On January 27, 2000, the Parole Board revoked Renfroe’s parole, and he was ordered to serve the remainder of his original three-year fixed term. On March 6, 2000, he petitioned for post-conviction relief, claiming that the DOC had miscalculated his earliest possible release date - July 11, 2000 -; and his maximum release date - January 11, 2001 - by failing to include the balance of the six-month credit he had earned on July 1, 1996. On March 27, 2000, the State moved for dismissal or summary disposition; Renfroe filed his reply on April 3, 2000. On April 6, 2000, the post-conviction court ruled in favor of the State, finding in relevant part:

7. The [DOC] has determined that his fixed term expires on January 11, 2001[,] but Renfro[e] contends that it expires on May 26, 2000.
[[Image here]]
10. The issue in this case is the effect of credit time on the fixed term of imprisonment.
11. Under controlling authority from the Supreme Court of Indiana and Indiana Court of Appeals, respondent is entitled to summary disposition and judgment in his favor because the contention that credit time awarded for an educational degree or diploma reduces the sentence was rejected in Majors [v. Broglin, 531 N.E.2d 189 (Ind.1988) ] and Page [v. State, 517 N.E.2d 427 (Ind.Ct.App.1988) ].

After seeking review and reconsideration, which the trial court denied on May 16, 2000, Renfroe filed the record of proceedings in this court on July 5, 2000, and filed his appellate brief on July 8, 2000. Due to the award of Class I credit, Renfroe was released on July 11, 2000.

Analysis

Renfroe argues he is entitled to relief because the DOC did not award him the statutory credit for his GED by subtracting six months from his three-year fixed term. As we recently stated in Atchley v. State:

When appealing the denial of a PCR petition, the appellant faces a rigorous standard of review. The appellant must demonstrate that the evidence, when taken as a whole, is without conflict and leads unerringly and unmistakably to a conclusion opposite to that reached by the trial court. We accept the trial court’s findings of fact unless they are clearly erroneous, but we do not defer to the trial court’s conclusions of law. [The PCR appellant] bears the burden of establishing his grounds by a preponderance of the evidence.

730 N.E.2d 758, 762 (Ind.Ct.App.2000) (citations omitted).

In 1990, the Indiana Correction Advisory Committee issued its Long-Range Plan for Indiana’s Criminal Justice System, in which it recommended that offenders’ release from the [DOC] be linked to efforts to improve themselves. Indiana Correction Advisory Committee: Final Report, A Long-Range Plan for Indiana’s Criminal Justice System 9 (1990). Along with drug [799]*799abuse, literacy, and occupational programs, educational programs were touted because an objective assessment tool can be easily developed for these areas. Id. The Committee urged the award of extra credit, distinct from that earned for good behavior, to work against the lack of a

real incentive to participate in educational, therapeutic, training or work programs .... In fact, because there is no release incentive to participate in these programs, the offender counter-culture provides a disincentive for offenders to better themselves, as those who do are often subject to ridicule and abuse from other inmates who accuse them of playing up to the authorities.

Id.

As a result of the Committee’s recommendations, in 1993 the Indiana Legislature enacted Indiana Code Section 35-50-6 — 3.3(b)(1), which provides in relevant part that a prisoner earns six months of credit time for completing a GED diploma. Specifically, Indiana Code Section 35-50-6-3.3(b)(1)(c) provides that [cjredit time earned ... under this section is subtracted from the period of imprisonment imposed on the person by the sentencing court.

Renfroe cites Rodgers v. State, 705 N.E.2d 1039 (Ind.Ct.App.1999), for the proposition that a prisoner’s entitlement to education credit time accrues immediately upon his or her completion of the degree, regardless of subsequent parole violation(s) or parole status. See Rodgers, 705 N.E.2d at 1042. Rodgers involved a defendant who, like Renfroe, completed the requirements for earning a GED while eligible for Class I credit. Unlike Renfroe, Rodgers was serving his sentence in a community corrections program instead of in the custody of the DOC. Also like Renfroe, Rodgers twice violated his probation after being released on home detention. We concluded that at the time he violated his probation, Rodgers had already earned the credit time for his GED. Therefore, the trial court could not deny him the credit based on his subsequent probation violations. Id.

The State argues that the appeal is moot because Renfroe was released three days after he filed his appeal. However, we conclude that the issue Renfroe raises is not moot due to the fact that he must remain on parole and be subject to re-imprisonment for any parole violation for the duration of his fixed term, whatever that term may be.

The statute governing parole provides in pertinent part:

(a) [W]hen a person imprisoned for a felony completes his fixed term of imprisonment, less the credit time he has earned with respect to that term, he shall be released:
(1) on parole for a period not exceeding twenty-four (24) months, as determined by the parole board; or
(2) to the committing court if his sentence included a period of probation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Randolph v. Buss
956 N.E.2d 38 (Indiana Court of Appeals, 2011)
Budd v. State
935 N.E.2d 746 (Indiana Court of Appeals, 2010)
Indiana Department of Correction v. Bogus
754 N.E.2d 27 (Indiana Court of Appeals, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
736 N.E.2d 797, 2000 Ind. App. LEXIS 1661, 2000 WL 1540958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renfroe-v-parke-indctapp-2000.