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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.

APPELLANT PRO SE: KENNETH E. APT Tell City, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KENNETH E. APT, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A04-0608-CR-466

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Frances C. Gull, Judge Cause No. 02D04-0312-FC-241

December 18, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Defendant Kenneth E. Apt ("Apt") appeals the summary denial of his Motion to Correct Erroneous Sentence. We affirm. Issue Apt presents a single issue for review: whether his sentence is erroneous because the Abstract of Judgment did not specify the amount of good time credit earned by Apt during his pre-trial incarceration. Facts and Procedural History Apt was convicted of Receiving Stolen Auto Parts, a Class C felony. 1 On September 27, 2004, he was sentenced to six years imprisonment. On June 26, 2006, Apt filed a Motion to Correct Erroneous Sentence and attached an Abstract of Judgment showing that he had been confined fifty-four days prior to his sentencing. Apt alleged that his sentence was erroneous because the trial court specified only time served of fifty-four days and failed to additionally award him earned good time credit of fifty-four days, pursuant to Indiana Code Section 35-50-6-3 2 and Indiana Code Section 35-50-6-4(a). 3 On July 3, 2006, the trial court summarily denied the motion. Apt appeals.

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