Corbin Callis v. State of Indiana (mem. dec.), 34A02-1706-CR-1450

In 2014 Corbin Callis pleaded guilty to Class B felony dealing in a schedule I controlled substance and was placed in Howard County Drug Court; he absconded and was removed from the program.
In 2015 Callis was convicted and sentenced to 7,300 days executed; after completing an in-prison therapeutic program he sought modification.
In April 2016 the court granted a sentence modification, suspended 5,574 days of the executed sentence, and released Callis to a re-entry program (June 2016).
The State filed a petition to revoke in April 2017 after Callis admitted relapse and probation violations; the court found violations in Oct. 2016 and Mar. 2017.
The trial court revoked probation, reinstated the suspended 5,574-day executed sentence, and awarded 82 days of credit for time on probation; Callis appealed claiming (1) the court failed to consider mitigating circumstances and (2) he should receive credit for time in the drug court program.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Callis)	Held
Whether trial court abused discretion by not recognizing mitigating circumstances at probation-revocation sanctioning	Trial court not required to consider mitigators when revoking probation; probation is conditional liberty	Callis argued the court should have considered mitigators (addiction, completion of programs) before imposing incarceration	No abuse of discretion; courts are not required to consider mitigating factors when imposing sanctions for probation revocation
Whether Callis is entitled to credit for time spent in drug court/deferral program prior to conviction	Time in drug-court deferral is not "jail" or pre-sentence incarceration warranting statutory credit; denial of credit proper	Callis sought credit for days spent in the drug court program (including electronic monitoring) before conviction/sentencing	Denial affirmed; participants in pretrial diversion/drug-court deferral programs are not entitled to pre-sentence jail-time credit for that time

Rosa v. State, 832 N.E.2d 1119 (Ind. Ct. App. 2005) (probation is conditional liberty and revocation proceedings carry limited rights)
Treece v. State, 10 N.E.3d 52 (Ind. Ct. App. 2014) (trial courts not required to consider mitigating factors when imposing probation-revocation sanctions)
Mitchell v. State, 619 N.E.2d 961 (Ind. Ct. App. 1993) (trial court may decline to consider mitigators when revoking probation)
Patterson v. State, 659 N.E.2d 220 (Ind. Ct. App. 1995) (trial courts should consider probationer’s mental state in sanctioning)
Molden v. State, 750 N.E.2d 448 (Ind. Ct. App. 2001) (pre-sentence jail-time credit is a statutory right and generally not discretionary)
Meadows v. State, 2 N.E.3d 788 (Ind. Ct. App. 2014) (time in drug-court deferral programs differs from pre-sentence incarceration; awarding credit would undermine diversion incentives)
Perry v. State, 13 N.E.3d 909 (Ind. Ct. App. 2014) (denying credit for time on electronic monitoring while in drug court deferral is not an abuse of discretion)
Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standards on appellate review of sentencing and waiver of issues when not raised at trial)
Omni Ins. Grp. v. Poage, 966 N.E.2d 750 (Ind. Ct. App. 2012) (appellate courts may address waived arguments on the merits when appropriate)