Christopher Harding v. State of Indiana
2015 Ind. App. LEXIS 130
| Ind. Ct. App. | 2015Background
- Christopher Harding pleaded guilty to Class B and D felonies arising from April 2012 drug charges and was sentenced to a total aggregate sentence of 5,110 days (3,285 days executed, 1,825 days suspended to probation; portion of executed time included home detention).
- Harding was jailed pretrial from April 19, 2012 to October 16, 2012 (181 days) and then incarcerated in DOC from October 17, 2012 to February 12, 2014 (483 days). The trial court later modified the sentence on February 12, 2014, suspending remaining DOC time and placing Harding on supervised probation conditioned on completing a Re-Entry Program.
- Harding violated the Re-Entry Program on April 4, 2014; a warrant issued and he was arrested May 30, 2014. He admitted the violation and was incarcerated from May 30, 2014 to October 9, 2014 (132 days) before probation was revoked and the suspended sentence executed.
- At revocation, the trial court calculated Harding's jail-credit and set the remaining executed balance at 3,633 days (awarding 264 credit days for the May–Oct 2014 confinement). Harding appealed the credit calculation and the resulting sentence.
- The Court of Appeals reviewed statutory credit rules and concluded Harding was entitled to 1,592 days of total credit (agreed by parties for several confinement periods) and that credit must be applied against the original 5,110‑day sentence, leaving 3,518 days remaining.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in calculating credit time and the resulting executed sentence after probation revocation | State: credit award should be 1,592 days and applied to the original 5,110‑day sentence, yielding 3,518 days remaining | Harding: trial court miscalculated credit (sought additional credit for time on probation or while evading arrest) | Court: Harding is entitled to 1,592 days credit; no credit for time on probation or for evasion absent evidence of incarceration; apply credit to original 5,110‑day sentence leaving 3,518 days; reverse and remand for entry consistent with this calculation |
Key Cases Cited
- Strowmatt v. State, 779 N.E.2d 971 (Ind. Ct. App. 2002) (standard of review for factual and legal determinations)
- James v. State, 872 N.E.2d 669 (Ind. Ct. App. 2007) (credit time is statutory right; Class I inmates earn one day credit per day confined)
- Gardner v. State, 678 N.E.2d 398 (Ind. Ct. App. 1997) (appellant bears burden to show trial court error)
- Senn v. State, 766 N.E.2d 1190 (Ind. Ct. App. 2002) (no credit time while on probation except limited exceptions such as work release or home detention)