Temme v. State
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The Supreme Court reversed the judgment of the trial court denying Defendant's motion arguing that he should receive credit time from the date of his erroneous release through his readmission to the Department of Corrections (DOC), holding that Defendant was entitled to credit time as if he were still incarcerated during the period erroneously spent at liberty.
Upon intake to the DOC, Defendant was erroneously awarded 450 days of jail credit. Consequently, Defendant was released from custody with 450 days left on his sentence. The State subsequently requested that Defendant be readmitted to the DOC to serve the time owed on his felony sentence. The trial court ordered that Defendant be returned to the DOC to finish serving his sentence. The Supreme Court reversed and remanded the case, holding that, as long as the defendant bears no active responsibility in his early release, he is entitled to credit while erroneously at liberty as if still incarcerated.
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