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Perry v. State

Court of Appeals of Indiana

July 22, 2014

STEVEN R. PERRY, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE JEFFERSON SUPERIOR COURT. The Honorable Alison T. Frazier, Judge. Cause No. 39D01-1203-FD-332, 39D01-1306-FD-509.

ATTORNEY FOR APPELLANT: R. PATRICK MAGRATH, Alcorn Goering & Sage, LLP, Madison, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.

ROBB, Judge. RILEY, J., and BRADFORD, J., concur.

OPINION

Page 910

ROBB, Judge

Case Summary and Issue

Steven R. Perry appeals the trial court's denial of his motion for credit time for time spent on electronic monitoring as a drug court program participant. Perry frames the issue as whether Indiana jurisprudence should be modified to adopt a single analysis for awarding credit time for periods of electronic monitoring served regardless of the pretrial or post-conviction status of the defendant. This, rather, is a case of whether the trial court abused its discretion in denying credit time to a person who failed to comply with conditions for participating in a drug court program. Concluding the trial court did not abuse its discretion, we affirm.

Facts and Procedural History

On March 19, 2012, Perry was charged with residential entry, a Class D felony, and public intoxication, a Class B misdemeanor. In September 2012, Perry entered into a plea agreement where Perry agreed to plead guilty to both charges. Pursuant to the plea agreement, the court would defer judgment of conviction and sentencing if Perry successfully completed a drug court program. The same day, Perry executed a drug court participation agreement. Over the course of a year, Perry was sanctioned by the drug court three times for violating his participation agreement.[1]

Then, on June 3, 2013, Perry was charged with intimidation, a Class D felony, and resisting law enforcement, a Class A misdemeanor. In September 2013, Perry pleaded guilty to one count of intimidation with a two year sentence, to be fully executed. Perry also admitted to violating the terms of the drug court program and agreed to terminate his participation. As a result of the termination, the court entered a judgment of conviction for residential entry and public intoxication pursuant to the September 2012 plea agreement. The court sentenced Perry to two years for residential entry and 180 days for public intoxication to be served concurrently. Perry requested 127 days of credit time applied to his residential entry and public intoxication sentence for the time he was on electronic monitoring as a condition of the drug court program. The trial court denied this request. Perry filed a motion

Page 911

to correct error based on the denial of the credit time; this motion was ...


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