Mark Casper v. State of Indiana (mem. dec.)
62A04-1606-CR-1249
| Ind. Ct. App. | Aug 18, 2017Background
- On August 1, 2011, Mark Casper was arrested in Crawford County on multiple charges, including dealing methamphetamine (Class A) and carrying a handgun without a license (Class C).
- While still incarcerated in Crawford County, Perry County issued an arrest warrant for unrelated charges on October 6, 2011; Casper was served with that Perry County warrant after transfer to Perry County Jail on February 8, 2012.
- Casper pled guilty in Crawford County on April 30, 2012 and received a 35-year DOC sentence (10 years suspended) with presentence credit from August 1, 2011 to May 29, 2012.
- Casper pled guilty in Perry County on May 9, 2012; Perry’s plea required concurrence with the Crawford plea and provided a concurrent 35-year sentence (10 years suspended). The Perry sentencing on June 6, 2012 did not initially specify credit.
- Casper sought credit in Perry County for pretrial confinement: first for 310 days from August 1, 2011 to June 6, 2012, then for 240 days from October 6, 2011 to June 6, 2012. The court awarded 119 days of credit from February 8, 2012 (date served) to June 6, 2012 and denied reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Casper was entitled to Perry County credit beginning on the date the Perry warrant was issued (Oct. 6, 2011) through sentencing (June 6, 2012) | Casper: He should receive credit from the warrant issuance date (Oct. 6, 2011) because that period relates to the Perry County charges | State/Perry court: Credit runs from date Casper was served with the Perry warrant (Feb. 8, 2012); time while confined on unrelated Crawford charges does not count toward Perry credit | Court affirmed: credit applies only from Feb. 8, 2012 to June 6, 2012 (119 days); days confined on unrelated charges do not count toward Perry sentence credit |
Key Cases Cited
- Hall v. State, 944 N.E.2d 538 (Ind. Ct. App. 2011) (pretrial credit depends on confinement and confinement being due to the charged offense)
- Diedrich v. State, 744 N.E.2d 1004 (Ind. Ct. App. 2001) (credit equals days in confinement from arrest for the offense to sentencing for that offense)
- Dolan v. State, 420 N.E.2d 1364 (Ind. Ct. App. 1981) (days between warrant issuance and service while defendant is confined on unrelated charges do not count toward credit)
- Perry v. State, 921 N.E.2d 525 (Ind. Ct. App. 2010) (separate courts may order concurrent sentences if served in same institution)