120 N.E.3d 1058
Ind. Ct. App.2019Background
- Adams, a felon, drove his girlfriend’s van on June 16, 2017; an officer stopped him, found a handgun under the driver’s seat, and arrested him for unlawful possession of a firearm as a Level 5 felony.
- Adams pleaded guilty to the Level 5 firearm offense in exchange for dismissal of other charges.
- At arrest he was jailed for about 6–8 hours before posting bond the same day; the PSI credited him with one actual jail day but the trial court refused to give accrued-time credit because it believed a full 24-hour day was required.
- The trial court sentenced Adams to an aggregate four-year term: 1.5 years executed (DOC), 1.5 years on community corrections, and 1 year supervised probation.
- On appeal Adams argued (1) the court erred by not awarding pre-sentence confinement credit for the hours jailed before posting bond, and (2) his sentence was inappropriate under Appellate Rule 7(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-sentence confinement credit must include the hours Adams spent jailed before posting bond | State: trial court fact-finding reviewed for abuse of discretion; a full 24-hour day is required for a ‘day’ credit | Adams: he was deprived of liberty for 6–8 hours; the statute refers to “time” and remedial credit should be liberally construed in defendant’s favor | Court reversed in part and remanded: one day of accrued time must be credited (rule of lenity and statutory ambiguity) |
| Whether Adams’ aggregate 4-year sentence is inappropriate under Indiana Appellate Rule 7(B) | State: sentence within statutory range and supported by aggravators | Adams: requests reduced, advisory 3-year disposition with split execution/community corrections/probation | Court affirmed: defendant’s criminal history, probation attitude, and facts of the offense justify the sentence |
Key Cases Cited
- Perry v. State, 13 N.E.3d 909 (Ind. Ct. App. 2014) (pre-sentence jail time credit is statutory right generally not left to trial-court discretion)
- Purdue v. State, 51 N.E.3d 432 (Ind. Ct. App. 2016) (pre-sentence confinement treated as punishment; credit statutes remedial and construed to equalize confinement)
- Dobeski v. State, 64 N.E.3d 1257 (Ind. Ct. App. 2016) (discussing computation of statutory "day" and applying lenity to ambiguous timing provisions)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standards for abuse of discretion in sentencing)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate review of sentence under Rule 7(B) and deference to trial court)
- Eckelbarger v. State, 51 N.E.3d 169 (Ind. 2016) (explaining appellate authority to revise sentences under Rule 7(B))