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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: PAULA M. SAUER Danville, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana AARON J. SPOLARICH Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
DONALD C. NEWLIN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

Feb 27 2012, 9:26 am

CLERK

No. 32A01-1109-CR-444

APPEAL FROM THE HENDRICKS SUPERIOR COURT The Honorable Mark A. Smith, Judge Cause No. 32D04-1006-FC-13

February 27, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Donald C. Newlin appeals the trial court's failure to award him credit for time he served in Putnam County while his probation revocation in this case was pending. Because the record shows that Newlin was on probation in Putnam County when he committed the underlying offense in this case, consecutive sentences were required. Although the trial court did not originally order consecutive sentences, Newlin conceded that the court should have done so, and the court in effect corrected its earlier illegal sentence. Accordingly, the court properly found that because Newlin's probation

revocation sentences were required to be served consecutively, he was not entitled to credit for the time he served in Putnam County. Also, the trial court did not abuse its discretion in ordering Newlin to serve the entirety of his previously-suspended sentence. We therefore affirm the trial court. Facts and Procedural History On June 14, 2010, in Hendricks County, Indiana, Newlin stabbed his friend in the back with a fork and then bit his arm. At his initial hearing the following day, Newlin said he was not on probation or parole. Tr. p. 9. On September 1, 2010, Newlin pled guilty to Class D felony criminal recklessness (deadly weapon). This time, however, Newlin acknowledged that he was on probation in Putnam County when he committed criminal recklessness. Id. at 30. The trial court warned Newlin that as a result of his criminal recklessness conviction, Putnam County could revoke his probation and order him to serve the suspended portion of his sentence. Id. The court sentenced Newlin to 385 days in the Department of Correction, all suspended to probation. Neither the plea 2

agreement nor the court's sentencing order called for Newlin's criminal recklessness sentence to be served consecutive to his Putnam County sentence.1 Appellant's App. p. 31-33. On December 22, 2010

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