from the Jackson Circuit Court Trial Court Cause No.
36C01-0306-FA-21 The Honorable William E. Vance, Judge
Appellant pro se Cory Pollard Pendleton, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Lyubov Gore Deputy Attorney General Indianapolis,
Cory Pollard appeals the trial court's denial of his
motion for educational credit time. We affirm.
The sole issue Pollard raises is whether the trial court
properly denied his motion for educational credit time.
On June 30, 2003, Pollard was charged with Class A felony
dealing in cocaine. He pled guilty to the charge on November
9, 2005. On January 27, 2006, he was sentenced to twenty
years executed in the Department of Correction (DOC), with
896 days of credit time for time served and 896 days of good
From January 2008 to December 16, 2011, while serving his
sentence at the Branchville Correctional Facility, Pollard
pursued a Bachelor of Science degree. He completed the
requirements and received his degree on December 16, 2011.
Per Indiana Code Section 35-50-6-3.3(d)(4), the amount of
credit time Pollard could earn for obtaining his
bachelor's degree was two years (730 days). Subsection
(j) of the statute provided, however, that earned credit time
could not reduce an inmate's sentence to less than
forty-five days. Ind. Code § 35-50-6-3.3(j).
On January 13, 2012, Pollard submitted his Bachelor of
Science educational credit request to the correctional
facility. His request was denied on January 17, 2012, because
his earliest projected release date from the correctional
facility was within forty-five days of his request for
educational credit. On January 24, 2012, Pollard was released
Pollard's parole was revoked on or about December 5,
2013, for a violation of parole rules, and he was
reincarcerated. On May 8, 2014, he submitted to the
correctional facility a second request for educational credit
for obtaining his Bachelor of Science degree. Pollard's
request was denied on May 12, 2014. A letter issued by the
DOC Director of Education explained that the request was
denied because Pollard "did not complete the Bachelor of
Science degree during [his] current period of incarceration
and it was denied previously, [sic] one cannot bank away time
for future periods of incarceration. Therefore, the Education
Division [of the DOC] cannot offer you any relief in this
matter." Supp. App. Vol. II p. 23.
On February 24, 2016, Pollard filed with the trial court a
pro se motion for educational credit based on the completion
of his bachelor's degree. He requested that two years
(730 days) of credit time be subtracted from the earliest
projected release date for his ...