944 N.E.2d 538
Ind. Ct. App.2011Background
- Hall pled guilty May 5, 2010 to two Fulton County residential burglaries while serving other county sentences.
- Fulton County imposed concurrent 10-year terms with 4 years suspended, consecutive to other counties' sentences; no credit time awarded against Fulton sentences.
- Hall requested pretrial credit time for confinement from Fulton County; request denied.
- He appealed challenging (a) DOC misconduct as duplicative aggravator and offsetting mitigating factor, (b) the aggregate consecutive-sentence propriety, and (c) denial of credit time.
- Trial record shows multiple burglaries in different counties within ten months, with prior juvenile and adult criminal history, and some DOC misconduct.
- Court affirmed total judgment, holding no abuse of discretion, no inappropriateness in sentence, and no denial of credit time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there an abuse of sentencing discretion (aggravators/mitigators)? | Hall | Hall | No abuse; weighing proper overall. |
| Is the aggregate consecutive sentence appropriate given the offenses and offender? | Hall | Hall | Not inappropriate; consecutive serving justified. |
| Was Hall denied credit time to which entitled? | Hall | Hall | No error; credit handled correctly against aggregate sentence. |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (abuse standard and need for sentencing statement)
- Hollin v. State, 877 N.E.2d 462 (Ind.2007) (review of reasons and factual basis for sentence)
- Cardwell v. State, 895 N.E.2d 1219 (Ind.2008) (factors for inappropriate sentence standard)
- Serino v. State, 798 N.E.2d 852 (Ind.2003) (separate harms justify consecutive sentences)
- Diedrich v. State, 744 N.E.2d 1004 (Ind.Ct.App.2001) (pretrial credit and multiple offenses; context for credit timing)
- Brown v. State, 907 N.E.2d 591 (Ind.Ct.App.2009) (lead opinion on pretrial credit when consecutive vs concurrent)
- Bennett v. State, 802 N.E.2d 919 (Ind.2004) (credit against aggregate sentence where multiple offenses with consecutive terms)
- Bischoff v. State, 704 N.E.2d 129 (Ind.Ct.App.1998) (consecutive sentences and double credit discussion)
- Weaver v. State, 725 N.E.2d 945 (Ind.Ct.App.2000) (pretrial credit as matter of statutory right)
- Stephens v. State, 735 N.E.2d 278 (Ind.Ct.App.2000) (credit against aggregate sentence when multiple offenses)