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Pollard v. State

Court of Appeals of Indiana

May 23, 2017

Cory Pollard, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal 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, Indiana

          BARNES, JUDGE.

         Case Summary

         [¶1] Cory Pollard appeals the trial court's denial of his motion for educational credit time. We affirm.

         Issue

         [¶2] The sole issue Pollard raises is whether the trial court properly denied his motion for educational credit time.

         Facts

         [¶3] 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 time credit.[1]

         [¶4] 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).

         [¶5] 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 to parole.

         [¶6] Pollard's parole was revoked on or about December 5, 2013, for a violation of parole rules, and he was reincarcerated.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.

         [¶7] 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 ...


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