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Charles E. Watkins v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 79A02-0611-PC-1007
Case Date: 07/11/2007
Preview:FOR PUBLICATION
APPELLANT PRO SE: CHARLES E. WATKINS Bunker Hill, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
CHARLES E. WATKINS, Appellant-Petitioner, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 79A02-0611-PC-1007

APPEAL FROM THE TIPPECANOE SUPERIOR COURT II The Honorable Thomas H. Busch, Judge Cause No. 79D02-0105-CF-66

July 11, 2007 OPINION - FOR PUBLICATION

SULLIVAN, Judge

In this pro se appeal, Appellant-Petitioner, Charles Watkins, challenges the postconviction court's denial of his petition for credit time. Upon appeal, Watkins claims the court's denial of his petition was in error. We set aside the post-conviction court's judgment and dismiss this appeal. On June 29, 2001, Watkins was convicted of two counts of Dealing in a Schedule II Controlled Substance, Conspiracy to Commit Dealing in a Schedule II Controlled Substance, and Maintaining a Common Nuisance. 1 On July 17, 2001 Watkins was found to be a habitual offender. On August 14, 2001, Watkins was sentenced to an aggregate sentence of twenty-eight years with three years suspended to probation. On August 15, 2001, Watkins was awarded a certificate of completion of eight group meetings held at the Tippecanoe County Jail for Addictions Education and Treatment Group. Watkins later received certificates, dated May 29, 2002; July 22, 2002; January 21, 2004; and October 2, 2004, for additional courses completed during incarceration. Following imposition of his sentence in August of 2001, from 2002 to 2006 Watkins filed four petitions for modification of sentence, all of which were denied by the trial court. On September 5, 2006, Watkins filed a Verified Petition for Credit Time Not Previously Awarded. The State filed a response on September 11, 2006, and the postconviction court denied Watkins's motion that day. Watkins filed a motion to reconsider
The Chronological Case Summary indicates that Watkins was found guilty by a jury of the following: two counts of Dealing in a Schedule II Controlled Substance; Possession of a Schedule II Controlled Substance; Conspiracy to Commit Dealing in a Schedule II Controlled Substance; Maintaining a Common Nuisance; and Illegal Drug Lab. It does not specify those counts upon which the trial court entered judgment of conviction. Our June 18, 2002 opinion in Watkins's direct appeal assists our determination of these convictions. See Watkins v. State, No. 79A05-0109-CR-415 (Ind. Ct. App. June 18, 2002), cited in Watkins v. State, No. 79A02-0406-PC-479 (Ind. Ct. App. Jan. 21, 2005) (postconviction appeal).
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on September 28, 2006, which the court also denied. On October 11, 2006, Watkins filed his notice of appeal. 2 Upon appeal, Watkins claims the post-conviction court erred in failing to award him credit time for completing the above-mentioned courses, which according to Watkins, he was entitled to pursuant to Indiana Code
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