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Trial court must properly exercise discretion on sentencing

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Although a trial court had the ability to deny a man credit for time served, the Indiana Court of Appeals ruled the lower court did not follow proper procedure when it granted actual days credit.

The Court of Appeals reversed and remanded the trial court’s attempt to give Peter Roberts day-for-day credit against his sentence in Peter A. Roberts v. State of Indiana, 10A05-1301-CR-35. It also affirmed the lower court’s decision not to award Roberts good-time credit for time served on pre-trial home detention.

After being convicted of battery, intimidation and criminal confinement, Roberts was sentenced to six years in the Indiana Department of Correction and granted 67 days for actual time served while incarcerated prior to trial.

Roberts immediately filed a motion to correct error. The trial court’s amended judgment of conviction and sentence granted Roberts “409 actual days credit against his sentence comprised of 97 days in jail and 305 days for credit granted for house arrest detention prior to trial.”

On appeal, Roberts argued the trial court erred by halving his credit for actual time served with the expectation that the DOC would award him good-time credit for each day, thus having the practical effect of giving him credit for 610 days rather than 611.

The Court of Appeals noted the trial court has the discretion to assign Roberts credit against his sentence for the 611 days he spent in home detention but the method the court used created two problems.

First, by only assigning Roberts credit for 305 actual days served, with the expectation that the DOC would double that number, the trial court’s decision had the practical effect of giving Roberts credit for 610 days, rather than 611 days. Second, in accordance with Robinson v. State, 805 N.E.2d 783,789-92 (Ind. 2004), if a trial court wishes to deny a defendant credit, it must put it in the sentencing judgment.

“To properly deny Roberts two-for-one credit time and instead give him credit only for the actual number of days spent on pre-trial home detention, the trial court should have granted him 611 days actually served against his sentence and expressly denied him any credit time under Ind. Code 35-50-6-3 for those days,” Judge Rudolph Pyle III wrote for the court. “Alternately, should the trial court wish to deny Roberts credit for any or all of the 611 days, it would be within its discretion to do so…but again it would need to report the denial in its sentencing judgment.”
 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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