Daniel L. Scarpinato v. State of Indiana ( 2014 )


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  • Pursuant to Ind.Appellate Rule 65(D),
    this Memorandum Decision shall not
    be regarded as precedent or cited                    Dec 19 2014, 8:18 am
    before any court except for the purpose
    of establishing the defense of res
    judicata, collateral estoppel, or the law
    of the case.
    ATTORNEY FOR APPELLANT:                          ATTORNEYS FOR APPELLEE:
    BRYAN M. TRUITT                                  GREGORY F. ZOELLER
    Bertig & Associates, LLC                         Attorney General of Indiana
    Valparaiso, Indiana
    CHRISTINA D. PACE
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    DANIEL L. SCARPINATO,                            )
    )
    Appellant-Defendant,                     )
    )
    vs.                               )      No. 64A04-1403-CR-146
    )
    STATE OF INDIANA,                                )
    )
    Appellee-Plaintiff.                      )
    APPEAL FROM THE PORTER SUPERIOR COURT
    The Honorable William E. Alexa, Judge
    Cause No. 64D02-1210-FB-10657
    December 19, 2014
    MEMORANDUM DECISION – NOT FOR PUBLICATION
    BARNES, Judge
    Case Summary
    Daniel Scarpinato appeals the trial court’s denial of good time credit for his
    pretrial incarceration. We affirm.
    Issue
    Scarpinato raises one issue, which we restate as whether the trial court properly
    declined to award him good time credit for time spent in jail awaiting trial.
    Facts
    In 2012, Scarpinato was charged with Class B felony burglary and three other
    crimes. The burglary charge was severed from the other charges and, in January 2014, a
    jury found Scarpinato guilty of Class B felony burglary. The trial court sentenced
    Scarpinato to twenty years executed. At the sentencing hearing, the trial court explained
    that it was not awarding him any credit for his pretrial incarceration because of his
    conduct in jail. According to the pre-sentence investigation report, Scarpinato incurred at
    least twenty-five jail violations while jailed. Scarpinato was also charged with Class C
    felony battery and Class D felony battery for punching employees of the Porter County
    Jail in the face on January 19, 2014.
    In a subsequent proceeding, Scarpinato pled guilty to several outstanding charges,
    including the two battery charges. At that hearing, the trial court revisited the issue of
    credit time and explained that it would award Scarpinato credit for the 531 days he was
    actually incarcerated awaiting trial but would not award him any good time credit.
    Scarpinato now appeals.
    2
    Analysis
    Scarpinato argues that it was beyond the trial court’s power to deny him good time
    credit. The State asserts that this issue is waived because Scarpinato did not object at
    trial. However, “[w]e may correct sentencing errors by the trial court on appeal even
    though the issue was not raised below.” Groves v. State, 
    823 N.E.2d 1229
    , 1232 (Ind. Ct.
    App. 2005). Accordingly, we address the merits of Scarpinato’s argument.
    There is no dispute that Scarpinato was entitled to and received credit for the 531
    days he was incarcerated while awaiting trial. As for whether the trial court was required
    to award Scarpinato an additional 531 days of good time credit, we are not persuaded by
    Scarpinato’s argument.
    In making his argument that the trial court did not have discretion to deny him
    good time credit, Scarpinato relies on Weaver v. State, 
    725 N.E.2d 945
    , 947-48 (Ind. Ct.
    App. 2000), in which a panel of this court explained:
    Indiana Code Section 35-50-6-3 sets forth in no uncertain
    terms that a person confined awaiting trial or sentencing is
    statutorily entitled to one day of credit for each day he is so
    confined; therefore, pre-sentence jail time credit is a matter of
    statutory right, not a matter of judicial discretion.
    At the time of Scarpinato’s sentencing, Indiana Code Section 35-50-6-3 provided:
    (a) A person assigned to Class I earns one (1) day of credit
    time for each day the person is imprisoned for a crime or
    confined awaiting trial or sentencing.
    (b) A person assigned to Class II earns one (1) day of credit
    time for every two (2) days the person is imprisoned for a
    crime or confined awaiting trial or sentencing.
    (c) A person assigned to Class III earns no credit time.
    3
    (d) A person assigned to Class IV earns one (1) day of credit
    time for every six (6) days the person is imprisoned for a
    crime or confined awaiting trial or sentencing.
    However:
    A person under the control of a county detention facility or
    the department of correction who:
    (1) has been charged with a new crime while confined;
    or
    (2) has allegedly violated a rule of the department or
    county facility;
    may be immediately assigned to Class III and may have all
    earned credit time suspended pending disposition of the
    allegation.
    Ind. Code § 35-50-6-7(a). Moreover, after Weaver was decided, our supreme court
    decided Robinson v. State, 
    805 N.E.2d 783
    , (Ind. 2004), and discussed the role of trial
    courts in memorializing credit time calculations.
    Indiana Code § 35-38-3-2(b) unequivocally declares that the
    trial court sentencing judgment “must include” the amount of
    credit earned for time spent in confinement before
    sentencing. This determination serves to memorialize any
    modifications in credit time class or credit time imposed by
    local prison authorities upon a person confined before trial
    and sentencing. A trial court’s sentencing judgment thus
    does not merely “recommend.”           On the contrary, it
    determines a prisoner’s credit time for time served as of the
    time of sentencing. This credit time, however, is subject to
    modification thereafter by the Department of Corrections
    pursuant to statutory procedures.
    
    Robinson, 805 N.E.2d at 791-92
    (emphasis added).
    4
    Here, Scarpinato was charged with and pled guilty to two counts of battery for an
    incident that occurred while he was incarcerated. During his incarceration, Scarpinato
    was also alleged to have violated jail rules on more than twenty-five occasions. Under
    these circumstances, the trial court was warranted in determining that Scarpinato was not
    entitled good time credit. See 
    Groves, 823 N.E.2d at 1233
    (concluding the trial court did
    not abuse its discretion in classifying the defendant’s credit time as Class III where the
    defendant was charged with new crimes while under the control of a detention facility).
    Scarpinato has not established that the trial court erred by denying him good time credit.
    Conclusion
    The trial court did not err in denying Scarpinato good time credit for his pretrial
    incarceration. We affirm.
    Affirmed.
    MAY, J., and PYLE, J., concur.
    5
    

Document Info

Docket Number: 64A04-1403-CR-146

Filed Date: 12/19/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021