Preview:

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: ATTORNEYS FOR APPELLEE:

STAN G. WIRICK   GREGORY F. ZOELLER  
Muncie, Indiana   Attorney General of Indiana  

   TAMARA WEAVER  
Deputy Attorney General
Indianapolis, Indiana



IN THE
COURT OF APPEALS OF INDIANA



LELAND STEPHENS, )
)
Appellant-Defendant, )
)
vs. ) No. 18A05-1011-CR-679
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )



APPEAL FROM THE DELAWARE CIRCUIT COURT
The Honorable Linda Ralu Wolf, Judge
Cause No. 10C03-0810-FD-154



June 10, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BARNES, Judge
    Case Summary
Leland Stephens appeals his sentence for Class D felony theft.  We affirm.
Issues
Stephens raises three issues, which we restate as:
I. whether the trial court properly determined that  Stephens was entitled to no presentence credit time;

II. whether the trial court properly ordered Stephens.s  sentence in the present case to be served consecutive to  a sentence imposed in a different case; and

III. whether Stephens.s sentence is inappropriate.

Facts
The instant case concerns charges filed by the State on October 14, 2008, when it alleged Stephens had committed theft in Delaware County.  Stephens was not arrested at this time.  The theft occurred in August 2008 at a Wal-Mart, when Stephens used a cash register key he had obtained while previously employed by Wal-Mart to remove $828 in cash from several registers.  At the time of this theft, Stephens already stood charged with three counts of theft in Allen County.  That charging information had been filed in July 2008, but Stephens was not arrested at the time.
In April 2009, Stephens was convicted in Illinois of burglary for an offense committed in 2008.  Stephens completed the executed portion of his sentence for his offense and was released to parole on January 15, 2010, at which time he was transferred to the Allen County jail for the charges he faced there.  Stephens was sentenced for those
charges on June 4, 2010, and began serving his sentence with the Department of Correction (

Download 06101101mpb.pdf

Indiana Law