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Maciaszek v. State

Court of Appeals of Indiana

April 10, 2017

Jacob Lee Maciaszek, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Kosciusko Superior Court The Honorable David C. Cates, Judge Trial Court Cause No. 43D01-1205-FB-319

          Appellant PRO SE Jacob L. Maciaszek Greencastle, Indiana.

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Christina D. Pace Deputy Attorney General Indianapolis, Indiana

          May, Judge.

         [¶1] Jacob Lee Maciaszek appeals the trial court's denial of his request for presentence credit time. We affirm in part, reverse in part, and remand.

         Facts and Procedural History

         [¶2] On May 22, 2012, the State charged Maciaszek with two counts of Class B felony burglary[1] and two counts of Class D felony theft.[2] The next day, the State placed a hold on Maciaszek in Collier County, Florida, where he was serving a sentence on an unrelated conviction with a release date of August 1, 2012. When Indiana placed that hold, Maciaszek was already subject to holds placed by New Hampshire and Maine, [3] where he also was alleged to have committed crimes.

         [¶3] After completing his sentence in Florida, Maciaszek was transported to New Hampshire, where he was found guilty and given a sentence of one-and-a-half to six years, with a parole eligibility date of February 27, 2014. On January 10, 2013, while incarcerated in New Hampshire, Maciaszek filed a Request for Disposition of his pending Indiana charges under the Interstate Agreement on Detainers ("IAD"), which provides a mechanism for the "attendance of defendants confined as prisoners in institutions of other jurisdictions of the United States" in an Indiana court. Ind. Code § 35-33-10-4 (1981).

         [¶4] Based on his request, Indiana authorities took custody of Maciaszek on March 19, 2013, and transported him to Indiana. On August 6, 2013, he pled guilty to two counts of Class B felony burglary and was sentenced to sixteen years with no credit for time served prior to sentencing ("Indiana Sentence"). The trial court ordered Maciaszek "shall be immediately returned to the New Hampshire State Prison, Northern Correctional Facility, Berlin, New Hampshire. Upon completion of the New Hampshire sentence, authorities of the State of Indiana shall be notified and custody of Jacob Maciaszek returned to the State of Indiana." (App. at 9/1.[4])

         [¶5] On November 5, 2015, Maciaszek filed, pro se, a "Verified Petition for Presentence Jail Time Credit and Earned Credit Time, " (id. at 13), arguing he should have been given credit on his Indiana Sentence from May 23, 2012, when Indiana put a hold on him in Florida, until his sentencing in Indiana on August 6, 2013. The trial court did not hold a hearing, and on December 4, 2015, the trial court denied Maciaszek's petition.

         Discussion and Decision

         [¶6] We first note Maciaszek proceeded at the trial court level and proceeds in this appeal pro se. A litigant who proceeds pro se is held to the same established rules of procedure that trained counsel is bound to follow. Smith v. Donahue, 907 N.E.2d 553, 555 (Ind.Ct.App. 2009), trans. denied, cert. dismissed. One risk a litigant takes when he proceeds pro se is that he will not know how to accomplish all the things an attorney would know how to accomplish. Id. When a party elects to represent himself, there is no reason for us to indulge in any benevolent presumption on his behalf or to waive any rule for the orderly and proper conduct of his appeal. Foley v. Mannor, 844 N.E.2d 494, 502 (Ind.Ct.App. 2006).

         [¶7] Indiana Code Section 35-50-6-3 (2015) provides, regarding good credit time for a person convicted of a crime that occurred prior to July 1, 2014:

(b) A person assigned to Class I earns one (1) day of good time credit for each day the person is imprisoned for a crime or confined awaiting trial or sentencing.
(c) A person assigned to Class II earns one (1) day of good time credit for every two (2) days the person is imprisoned for a crime or ...

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