Brown v. State
957 N.E.2d 666
| Ind. Ct. App. | 2011Background
- Brown was arrested Oct 14, 2010, and charged with multiple drug offenses in Perry County, Indiana.
- She remained jailed through Feb 22, 2011, when a plea agreement reduced counts to possession of marijuana, class D felony.
- The plea stayed entry of judgment under a pre-conviction diversion program statute, requiring successful completion for dismissal of charges.
- A February 23, 2011 minute entry awarded Brown 131 days of pretrial detention credit, but the final sentencing order did not reflect this credit.
- Brown entered the YWCA residential pre-conviction diversion program Feb 24, 2011, and left March 22, 2011, after facing potential drug testing consequences.
- Following violations, Brown was arrested Mar 25, 2011; at a Apr 20, 2011 hearing the court terminated the diversion program and convicted her, awarding only 27 days credit; on appeal, the court remanded for proper credit calculations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for pre-diversion and pre-sentencing incarceration | Brown seeks credit for 159 total days prior to sentencing. | State concedes 131 days plus other credits may apply; needs proper entry. | Remand for correct credit entry under IC 35-38-3-2(b)(4). |
| Credit for time in the pre-conviction diversion program (YWCA) | Time in the YWCA program should be credit time. | YWC A program not clearly equivalent to prison/home detention; not automatically creditable. | Remand for hearing to determine if YWCA time qualifies as credit time; need revised order. |
Key Cases Cited
- Robinson v. State, 805 N.E.2d 783 (Ind. 2004) (addresses credit time deprivation before sentencing)
- Molden v. State, 750 N.E.2d 448 (Ind. Ct. App. 2001) (pretrial home detention; when credit applies to pre-sentence confinement)
- Dixon v. State, 685 N.E.2d 715 (Ind. Ct. App. 1997) (rehabilitation programs not always credit-time eligible; home detention precedent)
- Capes v. State, 634 N.E.2d 1334 (Ind. 1994) (pretrial community corrections; Capes not controlling for voluntary rehab programs)
- Purcell v. State, 721 N.E.2d 220 (Ind. 1999) (credit time principles for pretrial confinement guidance)