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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.

FILED
Dec 30 2011, 9:01 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: CARLOS GARCIA Pendleton, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana STEPHANIE L. ROTHENBERG Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CARLOS GARCIA, Appellant-Defendant, vs. INDIANA DEPARTMENT OF CORRECTION and DONNA CARNAGEE, Appellees-Plaintiffs. ) ) ) ) ) ) ) ) ) )

No. 48A04-1108-MI-434

APPEAL FROM THE MADISON CIRCUIT COURT The Honorable Rudolph R. Pyle, III, Judge Cause No. 48C01-1104-MI-203

December 30, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Carlos Garcia, pro se, appeals the trial courts decision to grant summary judgment in favor of the Indiana Department of Correction and Donna Carnagee (collectively IDOC). He contends that the trial court erred in granting summary judgment, preventing him from receiving educational credit time for earning his high school diploma, because Continental Academy in Florida is substantially equivalent to Indiana schools. We hold that there is a material issue of fact as to whether Continental Academy in Florida is substantially equivalent to Indiana schools. We therefore reverse and remand with

instructions for the trial court to conduct an evidentiary hearing on the substantial equivalence of this program. Facts and Procedural History On November 26, 2002, Garcia pled guilty to four counts of Class B felony dealing in cocaine or narcotic drug. The trial court sentenced Garcia to four concurrent ten-year sentences. Appellants App. p. 5. On April 19, 2005, Garcia completed the requirements to obtain his high school diploma through correspondence from Continental Academy in Coral Gables, Florida. Id. Continental Academy is a private secondary school that is accredited by The National Association for the Legal Support of Alternative Schools. Id. at 15. The United States Marine Corps accepts diplomas from Continental Academy, and the courses available are similar to those of a public high school, including such areas of study as English, Math, Science, History, Economics, Health, and Art. Id. at 16.

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Garcia submitted his diploma from Continental Academy to IDOC for educational credit time in April 2005, but he was denied. Id. at 5. On April 22, 2008, while still incarcerated for the above crimes, Garcia was convicted of Class B felony possession of cocaine or narcotic drug and received an additional ten-year sentence. His projected release date for that sentence is September 30, 2012. Appellees Br. p. 2. Garcia filed a pro se petition for writ of habeas corpus in April 2011, arguing that if he had received his educational credit time in 2005, he would be entitled to immediate release. Appellants App. p. 5-19. IDOC filed a motion for summary judgment, id. at 29-33, and Garcia filed a motion in opposition to IDOCs motion for summary judgment. Id. at 20-23. The trial court summarily granted summary judgment in favor of IDOC without a hearing or any findings of facts or conclusions of law. Id. at 4. Garcia now appeals. Discussion and Decision Garcia contends that the trial court erred in granting summary judgment in favor of IDOC. He argues that he should be granted educational credit time because he earned his high school diploma while incarcerated from a correspondence school that is substantially equivalent to Indiana schools, as was required under the law at the time Garcia earned his diploma. When reviewing the entry or denial of summary judgment, our standard of review is the same as that of the trial court: summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Ind. Trial Rule 56(C); Dreaded, Inc. v. St. Paul Guardian Ins. Co., 904 3

N.E.2d 1267, 1269 (Ind. 2009). All facts established by the designated evidence, and all reasonable inferences from them, are to be construed in favor of the nonmoving party. Naugle v. Beech Grove City Sch., 864 N.E.2d 1058, 1062 (Ind. 2007). Under Indiana law that was in effect at the time that Garcia earned his diploma from Continental Academy, education credit time could be earned if an inmate "(1) is in credit Class I; (2) has demonstrated a pattern consistent with rehabilitation; and (3) successfully completes requirements to obtain one (1) of the following: . . . (B) a high school diploma, if the person has not previously obtained a general educational development (GED) diploma." Ind. Code Ann.

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