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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.

ATTORNEY FOR APPELLANT: JOHN A. KESLER II Terre Haute, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ARTURO RODRIGUEZ II Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CALVIN T. BROWN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 84A04-0705-CR-290

APPEAL FROM THE VIGO SUPERIOR COURT The Honorable David R. Bolk, Judge Cause No. 84D03-0304-FB-1164

December 28, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Calvin T. Brown appeals the trial court's determination of the credit time to which he is entitled for his imprisonment pending the revocation of his probation. We affirm. Issue Did the trial court properly determine Brown's credit time? Facts and Procedural History On September 21, 2004, the trial court sentenced Brown to concurrent terms of nine years, with one year suspended to probation, for two counts of class B felony dealing in cocaine. Brown received 1440 days' credit against his sentence. On February 10, 2006, Brown was placed on probation. On August 15, 2006, while he was still on probation, Brown was arrested and charged with two counts of class B felony dealing in cocaine. On August 16, 2006, the probation department filed a notice of probation violation. On August 28, 2006, Brown was served in jail with a subpoena for a hearing on the alleged probation violation. On December 11, 2006, the trial court released Brown on the pending cocaine charges because of speedy trial and evidentiary issues and imposed a bond on the probation violation. On December 26, 2006, Brown posted bond and was released from jail. On February 5, 2007, Brown was arrested and charged with class D felony operating a vehicle as a habitual traffic violator. On March 2, 2007, the probation department filed an

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amended notice of probation violation. On March 15, 2007, Brown was served in jail with an arrest warrant for the probation violation.1 At a hearing on April 30, 2007, the trial court revoked Brown's probation and credited him with sixty-three days for his imprisonment from December 11 to December 26, 2006, and from March 15 to April 30, 2007. The court also awarded Brown sixty-three days of "good time credit," for a total of 126 days' credit against the execution of his suspended sentence. See Ind. Code

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