ILNews

COA orders trial court to award credit for time served

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.

In Amanda D. Brown v. State of Indiana, No. 62A01-1105-CR-224, Amanda Brown was arrested on Oct. 14, 2010, on four marijuana-related charges. She remained incarcerated on those charges until Feb. 22, 2011, when she entered into an agreement, pleading guilty to Class D felony possession of marijuana, with all other charges dismissed. Under the agreement, Brown’s sentence was three years in the Department of Correction, with credit for 131 days served. The sentence was stayed under Indiana Code section 11-12-3.7-11, a statute allowing offenders to plead guilty and request placement in a pre-conviction diversion program. Brown was placed under the supervision of the Perry County Substance Abuse Court on Feb. 23.

Brown entered into an eight-month drug treatment program at a Vanderburgh County YWCA. On or about March 21, Brown told her YWCA program case manager that she would not pass a drug test if required to take one. The case manager told Brown that if she failed the drug test, she would return to jail, and Brown left the program without permission on March 22. That same day, the director of Perry County Community Corrections filed a notice of violation alleging that Brown had left the YWCA program without permission, and three days later, filed a second notice of violation alleging that Brown tested positive for marijuana on March 21. Brown was arrested on March 25 and was incarcerated while awaiting the trial court’s determination regarding the notices of violation.

At a hearing on April 20, Brown asked for a second chance and requested credit for time served and credit time for days spent in incarceration and in the pre-conviction diversion program.

The trial court found Brown was in violation of the diversion program, and the judge sentenced Brown to three years of incarceration, stating she would: “absolutely give you any time that you served on this case as credit. I will have my court reporter check any day that you served either before you went to the Y or after you went that you are being held currently. I will give you credit for all that time.”

In its written sentencing order, the trial court gave Brown 27 days credit for time served in the Perry County Jail between March 25 and April 20. No other credit for time served or credit time was given.

The state conceded that this case “should be remanded to clarify the trial court’s finding and to ensure that it is correct and fair to the Defendant.” The appeals court held that the state is correct in its claim that the trial court’s Feb. 23 written entry accepting the plea agreement indicates Brown is entitled to at least 131 days credit for time served. But, the COA held, the trial court did not incorporate the award of credit into its final sentencing order.

The appeals court instructed the trial court to issue an order showing credit for Brown’s two periods of pre-sentencing confinement. It also instructed the court to hold a hearing on whether Brown – while a participant in the YWCA program – was subject to the same restrictions that are imposed upon personal liberty in a prison or jail. Until that point is determined, the court held that it cannot conclude Brown would be entitled to additional credit time for time spent in the program.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Annaniah Julius annaniahjmd@ymail.com Ashlynn Ong ashlynnz@hotmail.com Baani Khanna baani2692@gmail.com boatcleaners info@boatcleaners.nl DEBBIE BISSAINTHE bissainthe56@yahoo.com Diane Galvan dianegalvan@ymail.com Dina Khalid dina.shallan@gmail.com - dinashallan@gmail.com Donna Isaiah donnaisaiah@hotmail.ca donnikki donnikki@att.net Emily Hickman emilyhickman78@yahoo.com Emma emmanoriega18@yahoo.com estherwmbau2030 estherwmbau2030@gmail.com Freddeline Samuels freddeline.samuels@gmail.com Ilona Yahalnitskaya ilona10@optonline.net Jasmine Peters jasminepeters79@ymail.com Jessica Adkinson jessica.adkinson@gmail.com - jessicaadkinson@gmail.com Jimmy Kayastha doc_jim2002@yahoo.com Jonnel Tambio syjam1415@gmail.com Katarzyna katet2806@gmail.com Katie Ali katieali.rpn@gmail.com Leah Bernaldez leij1221@gmail.com linda sahar tarabay ltarabay65@hotmail.com Ma. erika jade Carballo mej_carballo1993@yahoo.com mark voltaire lazaro markvoltaire_lazaro@yahoo.com mawires02 mawires02@gmail.com Narine Grigoryan narinegrigoryan1993@gmail.com Richie Rich richie.2022@gmail.com siya sharma siyasharma201110@gmail.com Steven Mawoko rajahh07@gmail.com vonche de la cruz vonchedelacruz@yahoo.com

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT