Dennis James Draper, III v. State of Indiana (mem. dec.)
64A03-1612-CR-2943
| Ind. Ct. App. | Apr 24, 2017Background
- Draper was charged in Porter County (Oct 6, 2009) with Class B burglary; posted bond twice but had bench warrants issued (June 28, 2010; later in 2015).
- While on bond in Porter County, Draper was arrested and convicted in Lake County (May 22, 2010) and received a seven-year sentence.
- Draper remained incarcerated on the Lake County matter from May 22, 2010 until release to parole on July 9, 2013.
- He was arrested on the Porter County June 28, 2010 bench warrant on July 18, 2013, held until release on prior bonds July 29, 2013.
- Arrested again July 30, 2015 on a Porter County warrant, held until he pled guilty January 4, 2016; sentenced in Porter County to four years with the trial court awarding 219 days’ pre-sentence credit.
- Draper sought additional pre-trial credit; the State conceded some entitlement but disputed the full amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Draper is entitled to credit from issuance of June 28, 2010 Porter warrant through July 9, 2013 | State: Not entitled because he was not arrested on the Porter warrant and the time was served on Lake County sentence which was run consecutively | Draper: Warrant issuance (and alleged detainer) made him confined for credit purposes from June 28, 2010 | Denied: confinement for credit begins at actual arrest, and those days were credited to the Lake County sentence; consecutive-sentence rule prevents double-counting |
| Whether Draper is entitled to credit for July 18–28, 2013 (arrest on Porter warrant to release on prior bonds) | State: Concedes these days should be credited | Draper: Requested credit for this period | Granted on remand: trial court must award credit for July 18–28, 2013 |
| Whether Draper is entitled to credit for July 31, 2015–Jan 4, 2016 (arrest to guilty plea/release) | State: Concedes credit is owed for this period | Draper: Requested credit for this period | Granted on remand: trial court must award credit for July 31, 2015–Jan 4, 2016 |
| Effect of consecutive sentencing on allocation of pre-sentence credit | State: Time served on Lake County sentence appropriately applied to aggregate due to statutory consecutive requirement | Draper: Argued some overlapping credit should apply to Porter sentence (via alleged detainer) | Held: When sentences are consecutive, credit is applied to the aggregate; awarding credit twice would effectively make sentences concurrent and is impermissible |
Key Cases Cited
- Hall v. State, 944 N.E.2d 538 (Ind. Ct. App. 2011) (pre-sentence credit is statutory right; credit depends on confinement and relation to the sentence imposed)
- Willoughby v. State, 626 N.E.2d 601 (Ind. Ct. App. 1993) (credit begins at actual arrest on warrant, not issuance of warrant)
- Dolan v. State, 420 N.E.2d 1364 (Ind. Ct. App. 1981) (time credited from date of arrest on violation/warrant)
- Lotaki v. State, 4 N.E.3d 656 (Ind. 2014) (when sentences are consecutive, jail credit applies against the aggregate; cannot be credited to multiple sentences causing de facto concurrency)
- Shane v. State, 716 N.E.2d 391 (Ind. 1999) (jail credit applied against aggregate when sentences are consecutive)