Charles Young is currently serving a 40-year sentence at the Miami Correctional Facility in Bunker Hill, Indiana. His conviction and sentence were affirmed,
Young v. State,
No. 27A02-9304-CR-155, slip op.,
On July 24, 2007, Young filed a pro se Verified Petition for Educational Credit Time. Though a copy of the petition is not in the record, its contents are not in dispute. Young received a high school diploma by correspondence, with respect to which the Indiana Department of Correction (DOC) has denied him educational credit. The trial court denied Young’s petition on September 13, 2007.
In its response to Young’s appeal of the denial, the Court of Appeals ordered Young to show cause why his appeal should not be dismissed (1) for being an unapproved successive petition for post-conviction relief, and (2) because Young might not have exhausted his administrative remedies.
Young v. State,
No. 27A02-
Young filed a response with attached correspondence between him and the DOC. The attached documents showed that Young had received a high school diploma from a correspondence school, and that the DOC denied education credit for the diploma because only programs approved by the DOC are eligible for education credit and the DOC has approved no correspondence courses. The Court of Appeals dismissed the appeal. Id. (Apr. 14, 2008) (order).
Young petitioned for transfer, which we now grant.
Discussion
Indiana Code § 35-50-6-3.3 (Supp. 2007) governs “Credit time for successful completion of educational degree or certificate:”
(a) In addition to any credit time a person earns under subsection (b) or section 3 of this chapter, a person earns credit time if the person:
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the following:
(A)A general educational development (GED) diploma under IC 20-20-6, if the person has not previously obtained a high school diploma.
(B) A high school diploma.
(C) An associate’s degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
(D) A bachelor’s degree from an approved postsecondary educational institution (as defined under IC 21-7-13-6(a)).
Young argues that he is entitled to educational credit time for his diploma pursuant to § 3.3(a)(3)(B) and disputes the two bases on which the Court of Appeals dismissed his case.
First, Young argues that he is not seeking post-conviction relief because he is not challenging his conviction or sentence. This is not a typical claim for post-conviction relief. However, all manner of claims of sentencing errors (other than those that do not require consideration of matters outside the face of the sentencing judgment), are addressed via post-conviction relief proceedings.
Robinson v. State,
In order to present a claim properly, however, a petitioner must follow the Indiana Rules of Procedure for Post-Con
We find authority for the second ground on -which the Court of Appeals dismissed in
Members v. State,
where Hollis Members filed a petition for the award of educational credit time for a high school diploma he had received.
We offer Young the same admonishment in this case that he receives today with regard to another appeal.
See Young v. State,
Conclusion
We grant transfer, and affirm the dismissal of Young’s petition by the trial court and the Court of Appeals.
