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Shepard v. State

Court of Appeals of Indiana

January 30, 2017

Richard D. Shepard, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal 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 Indianapolis, Indiana

          Sharpnack, Senior Judge

         Statement of the Case

         [¶1] Richard D. Shepard appeals the sentence the trial court imposed after revoking his placement in a county community corrections program. We affirm.

         Issue

         [¶2] 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.

         Facts and Procedural History

         [¶3] 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.

         [¶4] 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.

         [¶5] 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.

         [¶6] 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 ...


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