Emerson v. State, No. 2-1085A337
| Docket Nº | No. 2-1085A337 |
| Citation | 498 N.E.2d 1301 |
| Case Date | October 28, 1986 |
| Court | Court of Appeals of Indiana |
Page 1301
v.
STATE of Indiana, Appellee.
Second District.
Page 1302
Timothy S. Lanane, Anderson, for appellant.
Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.
SHIELDS, Judge.
Defendant-appellant Robert Ray Emerson appeals the trial court's failure to allow presentence commitment credit on his sentence for escape, a class D felony. We affirm.
Facts
On January 17, 1984 Emerson was arrested for escaping the Indiana State Reformatory while serving a sentence for robbery. He pled guilty to the escape charge on May 21, 1985 and on June 17, 1985 received a four year sentence. This sentence was ordered to run consecutively to the robbery sentence Emerson was still serving. The trial court did not allow Emerson any presentence commitment credit on his four year escape sentence.
Issue
On appeal Emerson argues he is entitled to credit on his escape sentence for the 18 months between the date of his arrest, January 17, 1984, and the date of his sentencing, June 17, 1985, despite the fact he was serving a prior commitment to the reformatory throughout the eighteen (18) months.
Discussion
Emerson is entitled to credit on the aggregate of the sentences he has to serve consecutively and he has, in fact, received that credit.
The pertinent statutes are Ind.Code Ann. Sec. 35-50-6-4(a) (Burns 1985), "[a] person imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class I," and Ind.Code Ann. Sec. 35-50-6-3(a) (Burns 1985), "[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."
The controlling case is Simms v. State (1981), Ind.App., 421 N.E.2d 698. In Simms, the defendant pled guilty to theft and escape and was sentenced to consecutive four year terms. The trial court awarded Sims 260 days of presentence confinement credit on his theft sentence. Sims appealed, contending he was entitled to a like credit on his escape sentence. This court affirmed the trial court and held a defendant who received consecutive sentences is entitled to presentence credit only against the aggregate term of his consecutive sentences. Applying Simms to the instant case, Emerson received credit on the aggregate of the robbery sentence and the escape sentence by...
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State v. Blondin, No. 94-048
...seeks, which would, in effect, make the underlying and new sentences concurrent for the six-month period. See Emerson v. State, 498 N.E.2d 1301, 1302-03 (Ind.Ct.App.1986) (if defendant were granted presentence credit against sentence imposed for escape in addition to credit for sentence bei......
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Schuler v. Posey County, Ind., No. EV 95-3-C R/H.
...the applicable emotional trauma law, admittedly pre-Shaumber, without reference to the policy issues proffered here by Plaintiffs. 498 N.E.2d at 1301. This Court, therefore, will not anticipate a reversion in Indiana case law to dated policies where more recent and more precise legal standa......
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Stephens v. State, No. 49A02-0003-CR-136.
...an unrelated charge credit for days he spent in jail awaiting trial on a subsequent charge. The Corn court relied upon Emerson v. State, 498 N.E.2d 1301, 1302-03 (Ind.Ct.App.1986), which held that Emerson, who escaped from the Indiana State Reformatory while serving time for robbery, receiv......
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Olsson v. AO Smith Harvestore Products, Inc., No. IP 82-1888-C.
...is no merit to this claim and, therefore, the trial court did not err in granting summary judgment in Feeney-Hornak's favor. Naughgle, 498 N.E.2d at 1301. These two cases demonstrate that a strong showing of malice is necessary in Indiana to support an award of punitive damages or damages f......
-
State v. Blondin, No. 94-048
...seeks, which would, in effect, make the underlying and new sentences concurrent for the six-month period. See Emerson v. State, 498 N.E.2d 1301, 1302-03 (Ind.Ct.App.1986) (if defendant were granted presentence credit against sentence imposed for escape in addition to credit for sentence bei......
-
Schuler v. Posey County, Ind., No. EV 95-3-C R/H.
...the applicable emotional trauma law, admittedly pre-Shaumber, without reference to the policy issues proffered here by Plaintiffs. 498 N.E.2d at 1301. This Court, therefore, will not anticipate a reversion in Indiana case law to dated policies where more recent and more precise legal standa......
-
Stephens v. State, No. 49A02-0003-CR-136.
...an unrelated charge credit for days he spent in jail awaiting trial on a subsequent charge. The Corn court relied upon Emerson v. State, 498 N.E.2d 1301, 1302-03 (Ind.Ct.App.1986), which held that Emerson, who escaped from the Indiana State Reformatory while serving time for robbery, receiv......
-
Olsson v. AO Smith Harvestore Products, Inc., No. IP 82-1888-C.
...is no merit to this claim and, therefore, the trial court did not err in granting summary judgment in Feeney-Hornak's favor. Naughgle, 498 N.E.2d at 1301. These two cases demonstrate that a strong showing of malice is necessary in Indiana to support an award of punitive damages or damages f......