OPINION
Charles Bischoff admitted a violation of probation and was ordered incarcerated for 488 days, the remainder of his sentence from the underlying case. The trial court credited Bischoff with forty-six days served. Bischoff appeals the trial court’s allоwance of credit time and requests immediate release from custody. We affirm.
Issue
Bischoff presents for our review the follоwing restated issue: whether he is entitled to credit for time spent incarcerated from the date of his arrest for the violation of probation through disposition, when he was simultaneously incarcerated on another charge.
Facts and Procedural History
Bischoff entered а plea of guilty in March 1995, to Operating a Vehicle while Intoxicated as a Class D felony, and was sentenced by the Huntington County Superior Court to one and one-half years incarceration, with sixty days to be executed and the remainder to be served on probation (the “OWI case”). In January of 1996, Bischoffs probation was transferred to Wabash County. On March 26, 1996, Bischoff reportеd for an appointment with a Wabash County probation officer and took an aleo-sensor test at the request of thе officer which registered positive for alcohol. Bischoff was then escorted to the Wabash County sheriffs department and given a breathalyzer test which registered .13% blood alcohol content. While at the sheriffs department, Bischoff notified the оfficer conducting the test that he was in possession of a handgun. The handgun was removed from his possession and he was held at thе Wabash County jail on the charge of Carrying a Handgun without a License having had a Felony Conviction within Fifteen Years, a Class C felоny (the “handgun case”). Both consuming alcohol and carrying a weapon were in violation of the terms of Bischoffs probation.
On April 11,1996, a warrant was issued by Huntington Superior Court on a Petition to
Discussion and Decision
Bischoff argues that the trial court erred in refusing to grant him jail time credit in Huntington County for time served in Wabash County and later, in the Indiana Deрartment of Correction, in connection with the handgun ease. Bischoff believes that he should have received credit in Huntington County from April 15, 1996, the date the warrant was served on the probation violation, until he was sentenced on May 11, 1998, because he was confined as a result of the warrant. Bischoff therefore believes that he has more than served his time on the probation revocation and is entitled to immediate release.
A person imprisoned for a crime or confined awaiting trial or sentencing earns one day of credit time for each day he is confined. Ind.Code §§ 35-50-6-3, -4. Determination of a defendant’s pretrial credit is dependent upon (1) pretrial confinement, and (2) the pretrial confinement being a result of the criminal сharge for which sentence is being imposed. Ind.Code § 35-50-6-3;
Willoughby v. State,
Bischoff has not demonstrated that the time he spent confined in thе Wabash County jail or the Indiana Department of Correction after he was served with the Huntington County arrest warrant was a result оf the OWI case. He has provided no evidence to show that the warrant served as a “hold” which would have caused Wabash County to retain custody of him even if no charges had been pending in Wabash County.
See Richeson v. State,
Moreover, Indiana Code section 35-50-1-2(b) provides in pertinent part:
If, after being arrested for one (1) crime, a person commits another crime;
(1) before the date the person is discharged from probation, parole, or a term of imprisonment imposed for the first crime;
the terms of imprisonmеnt for the crimes shall be served consecutively, regardless of the order in which the crimes are tried and sentences arе imposed.
The statutory mandate is clear: when these circumstances occur, the sentences for the offenses shall be served consecutively. It is beyond dispute that Bischoffs offenses occurred within the coverage of this section. Beсause sentence was imposed in the handgun case before Bischoffs probation was revoked in the OWI ease, the сourt in the OWI case was required upon revoking Bischoffs probation to require that the sentences be served consecutively. If Bischoff were to be granted credit in the OWI case for the time
The trial court in the OWI case did not err in refusing to grant Bischoff jail time credit in the OWI case for time served as a result of the handgun case.
Affirmed.