Narrative Opinion Summary
The appellant, convicted of burglary and criminal deviate conduct, both classified as class B felonies, challenged the denial of his motion for educational credit time following his completed participation in the Purposeful Living Units Serve (PLUS) program. The trial court sentenced him to a cumulative term of twenty years, partially suspended, and denied his credit time claim, as the Indiana Department of Correction determined he was ineligible for such credits under Indiana Code 35-50-6-3.3(d)(8) due to his conviction for criminal deviate conduct. Simpson contended that his completion of the PLUS program during the burglary sentence should allow him educational credit, arguing that the sex offense sentence commenced after the program's completion. However, the court affirmed the trial court's judgment, reiterating Simpson's failure to satisfy the burden of proof to establish eligibility for the educational credit, and highlighting that Indiana law precludes individuals with convictions of certain offenses, including criminal deviate conduct, from receiving such benefits. The ruling underscores the Indiana Supreme Court's guideline that credit time is applied to the total sentence when consecutive sentences are imposed, thus upholding the trial court's decision, with judges Altice and Tavitas concurring.
Legal Issues Addressed
Burden of Proof in Claiming Educational Creditsubscribe to see similar legal issues
Application: The court emphasized that Simpson did not meet his burden of proof to demonstrate eligibility for educational credit under the applicable statutes.
Reasoning: The court affirmed the trial court's decision, emphasizing that Simpson bears the burden of proving his claim and that he failed to show evidence leading to a conclusion contrary to the trial court's ruling.
Calculation of Credit Time for Consecutive Sentencessubscribe to see similar legal issues
Application: The Indiana Supreme Court's precedent dictates that credit time for consecutive sentences is applied to the total aggregate sentence, affecting Simpson's eligibility for credit.
Reasoning: The Indiana Supreme Court has established that credit time for consecutive sentences is deducted from the total aggregate sentence, not individual sentences.
Eligibility for Educational Credit under Indiana Code 35-50-6-3.3subscribe to see similar legal issues
Application: Simpson argued he was entitled to educational credit for completing the PLUS program during his burglary sentence, despite his ineligibility due to a concurrent conviction for criminal deviate conduct.
Reasoning: Simpson claimed he was denied credit for completing the Purposeful Living Units Serve (PLUS) program, arguing that he should be eligible for educational credit under Indiana Code 35-50-6-3.3, despite his conviction related to a sex offense, as he completed the program while serving a sentence for burglary.
Ineligibility for Educational Credit Due to Conviction for Criminal Deviate Conductsubscribe to see similar legal issues
Application: The court held that Simpson was ineligible for educational credit because his conviction for criminal deviate conduct, a disqualifying offense under Indiana Code 35-50-6-3.3(d)(8), precludes earning such credits.
Reasoning: Simpson is denied educational credit time based on Ind. Code 35-50-6-3.3(d)(8) because his conviction for criminal deviate conduct precludes him from earning such credits for completing the PLUS Program.