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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: WILLIAM BYER, JR. Anderson, Indiana ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER Attorney General of Indiana Indianapolis, Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ELLIOTT SCOTT STAPLETON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 48A02-0508-CR-786

APPEAL FROM THE MADISON SUPERIOR COURT The Honorable David W. Hopper, Judge Cause No. 48E01-0205-FD-158

SEPTEMBER 11, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION HOFFMAN, Senior Judge

STATEMENT OF THE CASE Defendant-Appellant Elliott Scott Stapleton appeals the trial court's denial of credit toward his sentence. We reverse and remand with instructions. ISSUE Stapleton raises one issue for our review, which we restate as: whether the trial court erred in denying credit for time served while he was in a drug court program. FACTS AND PROCEDURAL HISTORY On May 10, 2002, the State charged Stapleton with six counts of drug-related offenses. Stapleton pleaded guilty to all six counts, and the trial court imposed an eighteen-month sentence. The sentence was suspended, and Stapleton was placed on probation. On July 10, 2003, the State filed a notice of probation violation, and Stapleton admitted the violation and agreed to enter a program administered by the Madison County Drug Court. Stapleton later withdrew from the program, and on October 12, 2004, the State filed a second notice of probation violation. At the July 26, 2005, probation hearing, Stapleton testified that he spent 15 days in jail from September 24, 2002 to October 8, 2002; 53 days in jail from January 9, 2004 to March 3, 2004; 49 days from March 31, 2004 to May 19, 2004; 116 days from October 13, 2004 to January 27, 2005; and 54 days from June 2, 2005 to July 26, 2005. Stapleton further testified that the total time of incarceration was 287 days, and he requested the court to award him good time credit for a total of 574 days (2 x 287) pursuant to Ind. 2

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