Samuel L. Hobbs, Jr., Appellant-Petitioner,
Keith Butts, Appellee-Respondent.
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
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.
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
and Procedural History
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).
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).
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,
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
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 under Cause 12, such that
his period of parole would run while he was imprisoned on the
sentence in Cause 16. ...