998 N.E.2d 743
Ind. Ct. App.2013Background
- Roberts appeals a trial court decision granting 305 days of pre-trial home detention credit against his sentence for battery, criminal confinement, and related offenses.
- The trial court awarded 409 actual days credit: 97 days in jail plus 305 days credit for pre-trial home detention.
- Roberts was arrested October 16, 2010 and remained in pre-trial home detention after December 21, 2010.
- He was convicted after a jury trial in August 2012 of battery, intimidation, and criminal confinement; intimidation was later vacated.
- Roberts was sentenced September 21, 2012 to six years in DOC, with prior jail time credited, and the judgment reflected 611 days of pre-trial confinement time in question.
- The State cross-appealed arguing Roberts was not entitled to any pre-trial time credit and that the court’s method was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for time served on pre-trial home detention | Roberts argues 611 days should be credited, not halved. | State contends no pre-trial credit or proper method to award it. | Trial court abused discretion; remand for proper sentencing calculation. |
| Good time credit for pre-trial home detention | Roberts seeks good time credit for pre-trial home detention equality. | No statutory basis to award good time for pre-trial home detention; distinction from post-conviction detention. | No good time credit awarded for pre-trial home detention; affirmed in part, reversed in part, and remanded. |
Key Cases Cited
- Purcell v. State, 721 N.E.2d 220 (Ind. 1999) (pre-trial credit limited to facilities with similar liberty restrictions)
- Molden v. State, 750 N.E.2d 448 (Ind. Ct. App. 2011) (pre-trial home detention credit not mandated; abuse of discretion standard)
- Robinson v. State, 805 N.E.2d 783 (Ind. 2004) (presumes DOC credit time reporting; reporting requirements when denying credit)
- Senn v. State, 766 N.E.2d 1190 (Ind. Ct. App. 2002) (pre-trial home detention not on equal terms with probationary home detention)
- Lewis v. State, 898 N.E.2d 1286 (Ind. Ct. App. 2009) (pre-trial home detention not treated the same as post-conviction detention)
- Peterink v. State, 971 N.E.2d 735 (Ind. Ct. App. 2012) (home detention as condition of probation; distinction from pre-trial detention)