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
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.
and Procedural History
On May 22, 2012, the State charged Maciaszek with two counts
of Class B felony burglary and two counts of Class D felony
theft. 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,  where he also was
alleged to have committed crimes.
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).
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.)
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.
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
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 ...