Christopher A. Mendez v. State of Indiana (NFP)

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FILED Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. Apr 12 2010, 8:29 am CLERK of the supreme court, court of appeals and tax court APPELLANT PRO SE: ATTORNEYS FOR APPELLEE: CHRISTOPHER A. MENDEZ New Castle, Indiana GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA CHRISTOPHER A. MENDEZ, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) No. 01A02-0906-CR-564 APPEAL FROM THE ADAMS CIRCUIT COURT The Honorable Frederick A. Schurger, Judge Cause No. 01C01-0607-FB-8 April 12, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge Following the revocation of his probation, Christopher A. Mendez appeals the trial court s denial of his petition for jail time credit contending that he was entitled to receive credit against his sentence for the 327 days he served on probation. We affirm. On May 25, 2007, Mendez pleaded guilty to the charge of sexual misconduct with a minor1 as a Class B felony. The trial court sentenced him to six years one hundred and eighty days executed and the remainder suspended to probation. Following Mendez s release from prison, he violated a term of his probation. On September 5, 2008, the trial court revoked Mendez s probation and ordered him to serve five years and one hundred and eighty-five days in the Department of Correction. On May 15, 2009, Mendez filed a petition for jail time credit, which, in fact, was a petition requesting credit for the days Mendez had spent on probation. The trial court denied the petition on May 18, 2009, and Mendez now appeals. Indiana Code section 35-50-6-6(a), in pertinent part, provides, a person does not earn credit time while on parole or probation. Some exceptions to this rule allow credit time for defendants in a work release program and for defendants confined to home detention as a condition of probation. Reed v. State, 844 N.E.2d 223, 225 (Ind. Ct. App. 2006). Mendez, however, raises no argument that his probation involved work release or home detention. Instead, he merely contends, he is now entitled to credit for the time he spent on probation. Appellant s Br. at 5. The trial court properly denied Mendez s motion for jail time credit pursuant to Indiana Code section 35-50-6-6(a). FRIEDLANDER, J., and ROBB, J., concur. 1 See Ind. Code ยง 35-42-4-9. 2 Affirmed.

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