Richard D. Shepard, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Vigo Superior Court. The Honorable David R. Bolk,
Judge. Cause No. 84D03-1202-FB-468
ATTORNEY FOR APPELLANT Cara Schaefer Wieneke Wieneke Law
Office LLC Brooklyn, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Richard C. Webster Deputy Attorney General
Sharpnack, Senior Judge
of the Case
Richard D. Shepard appeals the sentence the trial court
imposed after revoking his placement in a county community
corrections program. We affirm.
Shepard raises one issue, which we restate as: Whether the
trial court erred in denying Shepard good time credit for
days served in community corrections.
and Procedural History
Shepard pleaded guilty to dealing in cocaine, a Class B
felony. On May 16, 2013, the trial court imposed a sentence
of eleven years. On July 30, 2015, Shepard filed a motion for
sentence modification. The State did not object. On October
1, 2015, the trial court granted Shepard's motion,
ordering him to serve his sentence on work release through
the Vigo County Community Corrections program.
Shepard was released from the Department of Correction and
began serving his sentence through the community corrections
program. He subsequently committed several violations of the
program's rules, including several incidents where he
left the facility, allegedly to go to work, but was not
needed at work on those days and did not satisfactorily
account for his time. As a result, program officials held
several administrative hearings and repeatedly took away
portions of Shepard's earned credit time as punishment,
ultimately depriving him of a total of 225 days.
On April 20, 2016, the State filed a motion to revoke
Shepard's probation and placement in community
corrections. The trial court held an evidentiary hearing and
concluded that Shepard had violated the conditions of
probation. The court ordered Shepard to serve the balance of
his sentence in the Department of Correction.
In the course of calculating Shepard's credit time, the
court noted that Shepard was entitled to credit for 190 days
served at the work release center from October 15, 2015
through April 21, 2016. The court further noted Shepard
"lost earned credit time of two hundred twenty-five
(225) days while at the Work Release Center."
Appellant's App. p. 243. As a result, the court's
abstract of judgment reflects an accrued ...