Thompson v. State, 031519 INCA, 18A-CR-1947
|Opinion Judge:||CRONE, JUDGE.|
|Party Name:||Jeffery Thompson, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff|
|Attorney:||Attorney for Appellant Stacy R. Uliana Bargersville, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana|
|Judge Panel:||Vaidik, C.J., and Mathias, J., concur.|
|Case Date:||March 15, 2019|
|Court:||Court of Appeals of Indiana|
Appeal from the Marion Superior Court Cause No. 49G15-1604-F6-13322 The Honorable Helen W. Marchal, Judge
Attorney for Appellant Stacy R. Uliana Bargersville, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana
[¶1] Jeffery Thompson appeals the trial court's denial of his motion to credit his sentence with 240 days that he served on pretrial home detention. The State does not oppose the motion. We conclude that the trial court erred in denying Thompson's motion and therefore reverse and remand with instructions to credit that time to Thompson's sentence.
Facts and Procedural History
[¶2] In April 2016, the State charged Thompson with one count of level 6 felony operating while intoxicated endangering another person and one count of level 6 felony operating while intoxicated with an alcohol concentration equivalent of .15 or more. On June 26, 2018, pursuant to a written plea agreement, Thompson agreed to plead guilty to the first charge. The State agreed to dismiss the second charge and all the charges that Thompson had pending in cause number 49G15-1512-F6-45853 and cause number 49G15-1701-F6-3764 ("Cause 3764"). In Cause 3764, Thompson had been ordered to serve pretrial home detention from January 31, 2017, through September 28, 2017, a total of 240 days. He completed the home detention with no violations. Thompson and the State agreed to a total sentence of 730 days and also agreed that the credit time earned in Cause 3764 would be applied to that sentence.
[¶3] The trial court accepted the plea agreement and sentenced Thompson to 730 days, with ten days executed and the rest suspended to probation. The court awarded Thompson sixty days of good time credit for his pretrial home detention in Cause 3764. See Ind. Code § 35-50-6-3.1(f) (providing that a person placed on pretrial home detention "earns one (1) day of good time credit for every four (4) days the person serves on pretrial home detention awaiting trial."). Thompson requested additional credit for the 240 days that he actually served on home detention. The State did not object to this request, and the trial court took it under advisement. On June 27, 2018, Thompson filed a motion to apply the 240 days against his sentence, which the trial court summarily denied. This appeal ensued.
Discussion and Decision
[¶4] Thompson contends that the trial court erred in denying his motion for credit for time that he served on pretrial home detention. The State does not oppose Thompson's motion. For the reasons given below, we agree with Thompson.
[¶5] "To say that the case law has been murky on the issue of credit time for home detainees would be an understatement." Barker v. State, 994 N.E.2d 306, 313 (Ind.Ct.App. 2013), trans. denied (2014). Home detention may be imposed before trial, as...
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