Robinson v. State, No. 45A03-0209-PC-303.

Docket NºNo. 45A03-0209-PC-303.
Citation789 N.E.2d 965
Case DateJune 09, 2003
CourtCourt of Appeals of Indiana

789 N.E.2d 965

Jesse E. ROBINSON, Appellant-Defendant,
v.
STATE of Indiana, Appellee-Plaintiff

No. 45A03-0209-PC-303.

Court of Appeals of Indiana.

June 9, 2003.

Transfer Granted July 15, 2003.


789 N.E.2d 966
Jesse E. Robinson, Bunker Hill, IN, Appellant pro se

Steve Carter, Attorney General of Indiana, Zachary J. Stock, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Jesse E. Robinson ("Robinson") was found guilty of attempted murder,1 a Class A felony, after a jury trial in the Superior Court of Lake County and sentenced to thirty years executed in the Department of Correction. Robinson, pro se, appealed raising one issue, which was whether the trial court properly denied his motion to correct erroneous sentence. We issued our opinion in this case on February 27, 2003 reversing the trial court. On March 28, 2003, the State of Indiana filed a Petition for Rehearing arguing that the trial court does not have the authority to grant or deny credit time, and that we erred when we held that the trial court should have the jurisdiction to determine credit time earned prior to the defendant being sentenced. Appellant Robinson, pro se, filed his self-styled motion to dismiss petition for rehearing on April 3, 2003, and we considered that petition as the appellant's brief in response to the State's petition for rehearing. Because we are now convinced that the trial court properly denied Robinson's motion to correct erroneous sentence, we grant the State's petition for rehearing and withdraw our previous opinion.

Facts and Procedural History

Robinson was found guilty of attempted murder, a Class A felony, after a jury trial, and on February 26, 1986, the trial court sentenced him to thirty years executed in the Department of Correction. The trial court also stated:

He's to be given credit for service of his sentence for one hundred eighty-seven days spent in confinement as a result of the criminal charge for which this sentence is imposed, and the court recommends said credit of days be considered in assessing credit for good time conduct, as provided by law.

Tr. p. 10.

On July 23, 2002, Robinson filed a motion to correct erroneous sentence, claiming

789 N.E.2d 967
that the trial court improperly credited his sentence with time served and credit time. The motion was denied. On August 12, 2002, Robinson filed a motion to correct error, which was also denied. Robinson filed his notice of appeal on August 22, 2002, and this court issued an opinion on that appeal on February 27, 2003. In our initial opinion, we held that the trial court erred when it denied Robinson's motion to correct erroneous sentence because we determined that the trial court should have the jurisdiction to determine credit time earned up to the time of sentence. The State now petitions for rehearing....

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5 practice notes
  • Robinson v. State, No. 45S03-0307-PC-314.
    • United States
    • Indiana Supreme Court of Indiana
    • March 10, 2004
    ...N.E.2d 1206 (Ind.Ct.App. 2003). On rehearing, however, it withdrew its previous opinion and affirmed the trial court. Robinson v. State, 789 N.E.2d 965 (Ind.Ct.App.2003). Because of the need to address recurring issues regarding pre-sentence credit time and the availability of recourse to c......
  • Portee v. State, No. 02A04-0212-PC-595.
    • United States
    • Indiana Court of Appeals of Indiana
    • April 20, 2004
    ...issues raised by the instant appeal were previously addressed by this court with conflicting results. Compare, e.g., Robinson v. State, 789 N.E.2d 965 (Ind.Ct. App.2003) (holding the trial court lacked authority to grant or deny defendant credit time), vacated, Robinson v. State, 805 N.E.2d......
  • Jackson v. State, No. 45A03-0305-CR-194.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 4, 2003
    ...("DOC") to determine whether a defendant is entitled to good time credit. To support its argument, the State cites Robinson v. State, 789 N.E.2d 965 (Ind.Ct.App.2003), trans. granted. In Robinson, another panel of this court held the trial court had no authority to grant or deny good time c......
  • Jackson v. State, No. 45A03-0305-CR-194 (Ind. App. 12/4/2004), No. 45A03-0305-CR-194
    • United States
    • Indiana Court of Appeals of Indiana
    • December 4, 2004
    ...("DOC") to determine whether a defendant is entitled to good time credit. To support its argument, the State cites Robinson v. State, 789 N.E.2d 965 (Ind. Ct. App. 2003), trans. granted. In Robinson, another panel of this court held the trial court had no authority to grant or deny good tim......
  • Request a trial to view additional results
5 cases
  • Robinson v. State, No. 45S03-0307-PC-314.
    • United States
    • Indiana Supreme Court of Indiana
    • March 10, 2004
    ...N.E.2d 1206 (Ind.Ct.App. 2003). On rehearing, however, it withdrew its previous opinion and affirmed the trial court. Robinson v. State, 789 N.E.2d 965 (Ind.Ct.App.2003). Because of the need to address recurring issues regarding pre-sentence credit time and the availability of recourse to c......
  • Portee v. State, No. 02A04-0212-PC-595.
    • United States
    • Indiana Court of Appeals of Indiana
    • April 20, 2004
    ...issues raised by the instant appeal were previously addressed by this court with conflicting results. Compare, e.g., Robinson v. State, 789 N.E.2d 965 (Ind.Ct. App.2003) (holding the trial court lacked authority to grant or deny defendant credit time), vacated, Robinson v. State, 805 N.E.2d......
  • Jackson v. State, No. 45A03-0305-CR-194.
    • United States
    • Indiana Court of Appeals of Indiana
    • December 4, 2003
    ...("DOC") to determine whether a defendant is entitled to good time credit. To support its argument, the State cites Robinson v. State, 789 N.E.2d 965 (Ind.Ct.App.2003), trans. granted. In Robinson, another panel of this court held the trial court had no authority to grant or deny good time c......
  • Jackson v. State, No. 45A03-0305-CR-194 (Ind. App. 12/4/2004), No. 45A03-0305-CR-194
    • United States
    • Indiana Court of Appeals of Indiana
    • December 4, 2004
    ...("DOC") to determine whether a defendant is entitled to good time credit. To support its argument, the State cites Robinson v. State, 789 N.E.2d 965 (Ind. Ct. App. 2003), trans. granted. In Robinson, another panel of this court held the trial court had no authority to grant or deny good tim......
  • Request a trial to view additional results

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