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Harding v. State

Court of Appeals of Indiana

March 4, 2015

Christopher Harding, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Howard Superior Court. The Honorable William C. Menges, Jr., Judge. Cause No. 34D01-1204-FA-345.

ATTORNEY FOR APPELLANT: Donald E.C. Leicht Kokomo, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Chandra K. Hein, Deputy Attorney General Indianapolis, Indiana.

Darden, Senior Judge. Kirsch, J., and May, J., concur.

OPINION

Page 331

Darden, Senior Judge

Statement of the Case

[¶ 1] Christopher Harding appeals the trial court's calculation of credit for the time he served prior to the revocation of his probation as well as the sentence imposed following the revocation. We reverse and remand with instructions.

Issue

Whether the trial court erred in calculating Harding's credit time for the time he served prior to the revocation of his probation and sentencing him following the revocation.

Facts and Procedural History

[¶ 2] In April 2012, Harding was charged with drug related offenses and was incarcerated for 181 days from April 19, 2012 through October 16, 2012. He pleaded guilty to Class B and D felonies, and on October 17, 2012, the trial court sentenced him to 5110 days in the Department of Correction with 3285 days executed, including 2555 days in the DOC, followed by 730 days on in home detention; as well as 1825 days suspended to probation. Harding was incarcerated at the DOC from October 17, 2012 until February 12, 2014, which is a total of 483 days.

[¶ 3] On February 12, 2014, the trial court modified Harding's original sentence. Specifically, the trial court suspended the incarcerated portion of Harding's remaining sentence at the DOC and placed him on supervised probation with the condition that he successfully complete the Howard County Community Corrections Re-Entry Program. On April 4, 2014, Harding violated the terms and conditions of the Re-Entry Program, and the trial court issued a warrant for his arrest, directing that he be held without bond.

[¶ 4] Harding was arrested on May 30, 2014, and admitted the Re-Entry Program violation at a July 2, 2014 hearing. That same day, the State filed a motion to revoke Harding's probation based on his termination from the Re-Entry Program. Harding admitted the violation of probation at an October 9, 2014 hearing. ...


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