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Murphy v. State

Supreme Court of Indiana
Mar 10, 2011
942 N.E.2d 818 (Ind. 2011)

Summary

adopting the Court of Appeals opinion which held that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time

Summary of this case from Rudisel v. State

Opinion

No. 18S02-1103-CR-142.

March 10, 2011.

Appeal from the Delaware Circuit Court; No. 18C02-0808-FB-15; The Honorable Richard A. Dailey, Judge.

Alan K. Wilson, Muncie, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Stephen R. Creason, Nicole Dongieux Wiggins, Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 18A02-1002-CR-213


David K. Murphy pled guilty to aggravated battery, a Class B felony. While in pretrial confinement in the Delaware County Jail awaiting sentencing, Murphy earned his general educational development ("GED") diploma. At sentencing, the trial court granted Murphy pretrial confinement credit time of 511 days for time served, with Class I credit time of an additional 511 days, for a total of 1,022 days. Murphy also requested that the court grant him six months of educational credit time for receiving his GED. The trial court informed Murphy that he should submit his request for educational credit time to the Department of Correction ("DOC").

The default credit-time assignment for a person who is not a credit-restricted felon is Class I. Ind. Code § 35-50-6-4 (2008). A person who is assigned credit time under Class I earns one day of credit for each day the person is imprisoned for a crime or confined awaiting trial or sentencing. I.C. § 35-50-6-3.

Educational credit time may be earned by a person who 1) is in credit Class I; 2) has demonstrated a pat tern consistent with rehabilitation; and 3) has successfully completed the requirements necessary to obtain a GED. I.C. § 35-50-6-3.3(a).

Indiana Code section 35-50-6-3.3(a) does not specify who has authority to rule upon an initial request for educational credit time.

On appeal, Murphy contended that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time. As noted, the trial court thought such determinations are the province of the DOC. For its part, the State contended that such determinations should be made by the jailing authority, in this case the Delaware County Jail.

The Court of Appeals agreed with Murphy and held that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time. Murphy v. State, 930 N.E.2d 630, 632 (Ind.Ct.App. 2010). Judge Crone, writing for the court, reasoned that:

It is the trial court that initially determines a defendant's sentence; the trial court determines the amount of credit time to which the defendant is entitled as of the time of his sentencing. While the trial court bases its decision on the jail records, the actual decision is made by the trial court at a hearing with both sides present in a situation where if a dispute arises it can be resolved after input from all concerned. The trial court is also in a better position than the Department of Correction to determine whether educational credit time should be granted for a degree earned prior to sentencing. The defendant did not earn the degree under the supervision of the Department of Correction and any dispute regarding whether or not the prisoner has demonstrated a pattern consistent with rehabilitation would usually need to be resolved with reference to a local facility.

Id. at 632-33 (footnote omitted).

We agree with Judge Crone's analysis and the result reached by the Court of Appeals. We therefore grant transfer and adopt its opinion in full. Ind. Appellate Rule 58(A)(1).

We reverse and remand to the trial court for proceedings consistent with the opinion of the Court of Appeals.

SHEPARD, C.J., and DICKSON, RUCKER, and DAVID, JJ., concur.


Summaries of

Murphy v. State

Supreme Court of Indiana
Mar 10, 2011
942 N.E.2d 818 (Ind. 2011)

adopting the Court of Appeals opinion which held that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time

Summary of this case from Rudisel v. State

adopting Court of Appeals opinion reasoning that the trial court was in the better position and therefore was the proper authority to determine whether the defendant was entitled to educational credit time for a degree earned before sentencing because the defendant “did not earn the degree under the supervision of the Department of Correction and any dispute regarding whether or not the prisoner has demonstrated a pattern consistent with rehabilitation would usually need to be resolved with reference to a local facility.” (quoting Murphy v. State, 930 N.E.2d 630, 632–33 (Ind.Ct.App.2010) )

Summary of this case from Robinson v. State

stating that because the trial court initially determines a defendant's sentence and the amount of credit time to which a defendant is entitled at the time of sentencing, it is the trial court, and not the DOC, that should decide whether a defendant should be granted credit time for completion of any educational degrees prior to sentencing

Summary of this case from Easley v. State
Case details for

Murphy v. State

Case Details

Full title:David K. MURPHY, Appellant (Defendant below), v. STATE of Indiana…

Court:Supreme Court of Indiana

Date published: Mar 10, 2011

Citations

942 N.E.2d 818 (Ind. 2011)

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