State v. Lotaki
Annotate this CaseIn 2005, Defendant was sentenced to seventeen years in prison. In 2010, Defendant struck a prison employee in the face. Defendant was found guilty of battery with injury and sentenced to an enhanced term of three years. The trial court ordered a consecutive sentence as statutorily required but awarded Defendant 471 days credit for time he served incarcerated prior to trial on the battery charge plus 471 days of Class I credit time for a total credit of 942 days against the battery sentence. The State subsequently filed a motion to correct erroneous sentence, which the trial court denied. The Supreme Court remanded the case to the trial court with instructions to re-evaluate the award of credit time and to re-sentence Defendant, holding that the trial court erred in awarding credit time with respect to the mandatory consecutive sentence.
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