Domonique Henderson v. State of Indiana (mem. dec.), 73A05-1609-CR-2130

Henderson (age 22) was the getaway driver in a violent home invasion where the victim was pistol-whipped and a nine-month-old was present; stolen items included firearms.
He later was arrested during another home invasion in Marion County and pled guilty there, receiving concurrent sentences (16 years with 10 executed, 6 suspended).
In the Shelby County case Henderson pled guilty to class A felony burglary and class B felony robbery (theft count dismissed) under a plea agreement capping executed time at 20 years and requiring concurrency with the Marion County sentence.
At sentencing the trial court imposed the 30-year advisory term for the class A felony (20 years executed, 10 suspended with 5 years probation) and an concurrent 8-year term for the class B felony; victim impact testimony elicited significant physical and emotional harm.
Henderson challenged the sentence as inappropriate under Ind. Appellate Rule 7(B) and argued the trial court failed to award 578 days of pretrial jail-time credit.
The Court of Appeals affirmed the sentence but remanded for the trial court to determine appropriate pretrial jail-time credit, noting possible interplay with the concurrent Marion County sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Henderson’s sentence is inappropriate under Ind. App. R. 7(B)	State: sentence is supported by nature of violent home invasion and Henderson’s character	Henderson: sentence excessive given his role as driver, remorse, rehabilitative efforts	Affirmed; Henderson failed to meet burden to show sentence inappropriate
Whether trial court erred by not awarding pretrial jail-time credit	State: credit is statutory but argues waiver due to inadequate appellate briefing	Henderson: entitled to 578 days credit	Remanded for trial court to determine credit; court must address effect of concurrent Marion County sentence

Akard v. State, 937 N.E.2d 811 (Ind. 2010) (appellate review under Rule 7(B) may revise or affirm sentence)
Davidson v. State, 926 N.E.2d 1023 (Ind. 2010) (court may consider all aspects of penal consequences in Rule 7(B) review)
Foutch v. State, 53 N.E.3d 577 (Ind. Ct. App. 2016) (standard focuses on whether sentence is "inappropriate")
Bowman v. State, 51 N.E.3d 1174 (Ind. 2016) (defendant bears burden to show sentence inappropriate)
Fuller v. State, 9 N.E.3d 653 (Ind. 2014) (advisory term is Legislature’s starting point)
Stephenson v. State, 29 N.E.3d 111 (Ind. 2015) (deference to trial court’s credibility findings in sentencing)
Roberts v. State, 998 N.E.2d 743 (Ind. Ct. App. 2013) (pretrial jail-time credit is statutory right)
McBride v. State, 992 N.E.2d 912 (Ind. Ct. App. 2013) (failure to develop cogent appellate argument may result in waiver)
Weaver v. State, 725 N.E.2d 945 (Ind. Ct. App. 2000) (trial court must address legitimate claims for credit time)
James v. State, 872 N.E.2d 669 (Ind. Ct. App. 2007) (no credit for time served on wholly unrelated offense)