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Hobbs v. Butts

Court of Appeals of Indiana

August 31, 2017

Samuel L. Hobbs, Jr., Appellant-Petitioner,
v.
Keith Butts, Appellee-Respondent.

         Appeal from the Henry Circuit Court The Honorable Kit C. Dean Crane, Judge Trial Court Cause No. 33C02-1703-MI-19

          APPELLANT PRO SE Samuel L. Hobbs, Jr. New Castle, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Frances H. Barrow Deputy Attorney General Indianapolis, Indiana

          Bailey, Judge.

         Case Summary

         [¶1] Pro-se Appellant Samuel L. Hobbs, Jr. ("Hobbs") appeals the trial court's summary disposition of his petition for a writ of habeas corpus. We affirm.

         Issues

         [¶2] Hobbs presents five issues for review, which we consolidate and restate as the following two:

I. Whether the trial court erroneously treated the petition as one for post-conviction relief; and
II. Whether Hobbs is entitled to habeas relief because his sex offender sentence had been discharged and he had no parole obligation at the time of the revocation proceedings.

         Facts and Procedural History

         Cause No. 12

         [¶3] On January 12, 2006, a jury convicted Hobbs of Residential Entry, Battery, and Criminal Deviate Conduct under Cause Number 18C05-0506-FA-12 ("Cause 12"). He was sentenced to three years, one year, and twenty years, respectively, with the Residential Entry and Battery sentences concurrent, but consecutive to the Criminal Deviate Conduct sentence. Accordingly, Hobbs received an aggregate sentence of twenty-three years. His convictions and sentence were affirmed on direct appeal. Hobbs v. State, No. 18A04-0602-CR-95 (Ind.Ct.App. Jan. 24, 2007).

         [¶4] On July 19, 2007, Hobbs filed a petition for post-conviction relief and alleged that he had been denied the effective assistance of trial counsel. His petition was denied on December 28, 2010; the denial was affirmed on appeal. Hobbs v. State, No. 18A04-1101-PC-46 (Ind.Ct.App. Nov. 7, 2011).

         [¶5] On July 23, 2014, Hobbs filed a petition for modification of his sentence pursuant to Indiana Code Section 35-38-1-17. The petition was denied on August 11, 2014, and Hobbs appealed. A panel of this Court affirmed the denial. Hobbs v. State, No. 18A05-1408-CR-394 (Ind.Ct.App. Jan. 29, 2015).

         Cause No. 16

         [¶6] Hobbs had previously been convicted of Theft in the Delaware Circuit Court, in Cause Number 18C04-0501-FD-16 ("Cause 16"), and was on probation when he committed Residential Entry, Battery, and Criminal Deviate Conduct. Hobbs was found to have violated his probation in Cause 16 when he committed new offenses. He was remanded to the Indiana Department of Correction ("the DOC") to serve his two-year sentence for Theft, consecutive to the sentences imposed in Cause 12.

         Course of Proceedings

         [¶7] On December 18, 2006, Hobbs completed his sentence for Residential Entry in Cause 12. On the following day, he began serving his sentence for Criminal Deviate Conduct. On March 21, 2013, Hobbs entered parole status[1] under Cause 12, such that his period of parole would run while he was imprisoned on the sentence in Cause 16.[2] ...


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