APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Lisa Borges, Judge. Cause No. 49G04-1306-FC-36431.
ATTORNEY FOR APPELLANT: HILARY BOWE RICKS, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, ELLEN H. MEILAENDER, Deputy Attorney General, Indianapolis, Indiana.
ROBB, Judge. BAKER, J., and KIRSCH, J., concur.
Case Summary and Issue
In September 2013, James Robinson pleaded guilty to forgery and was ordered to serve four years on home detention. In December 2013, Robinson was awarded a general education development diploma (" GED" ). In 2014, the trial court revoked his community corrections placement and ordered him to serve the balance of his sentence in the Indiana Department of Correction (" DOC" ) due to several violations of his placement occurring in December 2013 and January 2014. In this expedited appeal, Robinson contends the trial court erred in denying his motion for educational credit time when revoking his placement and ordering he serve the remainder of his sentence in the DOC. Concluding the trial court is the proper authority to determine whether Robinson was entitled to the credit time he seeks, but that the trial court has not yet addressed whether he met the requirements for educational credit time, we reverse and remand.
Facts and Procedural History
Robinson was charged with forgery, a Class C felony, in June 2013. A September 2013 plea agreement resolved several pending cases against Robinson, including the forgery case at issue. Pursuant to the plea agreement, Robinson was sentenced to an executed term of four years for forgery with initial placement on home detention through Marion County Community Corrections (" MCCC" ). The plea agreement further provided that " [s]hould [Robinson] be found in violation of his Community Corrections placement, [he] may serve the balance of his sentence at the [DOC]." Appellant's Appendix at 45 (emphasis in original).
In August 2012, Robinson had taken and passed the first of five tests required to obtain a GED. On December 10 and 11, 2013, while on home detention, Robinson took and passed the remaining tests and was awarded his GED on December 26, 2013. On January 3, 2014, MCCC filed a notice of community corrections violation alleging several instances on which Robinson had either left his residence without authorization or failed to return as scheduled beginning on December 22, 2013. The notice was later amended to include additional violations occurring after the original notice was filed. Robinson admitted to several of the violations and requested educational credit time toward any sanction imposed for earning his GED while serving home detention. In May
the trial court revoked Robinson's placement, denied his motion for credit time, and ordered him to serve the ...