Richard D. Shepard v. State of Indiana
2017 Ind. App. LEXIS 33
| Ind. Ct. App. | 2017Background
- Shepard pled guilty to dealing in cocaine (Class B) and received an 11-year sentence; the court later modified the sentence to allow placement in Vigo County Community Corrections (work release).
- Shepard was released to the work-release program on October 15, 2015 and served there until April 21, 2016.
- While in the program, Shepard committed multiple rule violations; the program held administrative hearings and revoked a total of 225 days of his earned credit time.
- The State petitioned to revoke Shepard’s placement; the trial court found violations and ordered Shepard to serve the balance of his sentence in the Department of Correction.
- The trial court credited Shepard with 190 days served at the work-release center but awarded him zero good-time credit for that period, reflecting the program’s revocations; Shepard appealed only the denial of the 190 days of good-time credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying Shepard good-time credit for days served in community corrections | State: Trial court properly excluded good-time because Shepard repeatedly violated program rules and the program (not the court) revoked 225 days of credit | Shepard: He was entitled to 190 days of good-time credit for time served in community corrections; program lacked authority (or procedure was improper) to revoke his credit | Court: Affirmed. The program validly deprived credit under applicable law and procedures; trial court merely gave effect to the program’s disciplinary revocations and did not sua sponte strip credit |
Key Cases Cited
- Senn v. State, 766 N.E.2d 1190 (Ind. Ct. App. 2002) (credit time generally a statutory right)
- Pharr v. State, 2 N.E.3d 10 (Ind. Ct. App. 2013) (trial court may not independently revoke community-corrections credit time without authority)
- Campbell v. State, 714 N.E.2d 678 (Ind. Ct. App. 1999) (discussed in Pharr regarding limits on court action versus DOC authority)
- Robinson v. State, 805 N.E.2d 783 (Ind. 2004) (overruling aspects of prior authority discussed in Campbell)