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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: RODNEY L. MAY New Castle, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RODNEY L. MAY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 21A01-0610-CR-456

APPEAL FROM THE FAYETTE CIRCUIT COURT The Honorable Daniel L. Pflum, Judge Cause No. 21C01-0112-DF-202

September 5, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Rodney Lee May appeals the trial court's denial of his pro se "Motion for PreTrial Jail Credit Time While Awaiting Trial." May raises one issue, which we revise and restate as whether the trial court abused its discretion when it denied May's motion requesting credit time for 332 days during which he was incarcerated for other offenses. We affirm. The relevant facts follow. On December 10, 2001, the State charged May with theft as a class D felony for an offense committed in Fayette County, and, on December 11, 2001, a warrant was issued for his arrest. At that time, May was incarcerated for unrelated charges. On September 23, 2002, May posted bond and was released. Four days later, May failed to appear at the initial hearing, and a bench warrant was issued for his arrest. On July 27, 2005, May, again incarcerated, pleaded guilty to the theft charge. On July 29, 2005, the trial court sentenced May to eighteen months executed and ordered the sentence to be served consecutively to sentences May was serving for unrelated offenses. The trial court awarded May zero days of credit time. On November 9, 2005, May filed a motion for jail time credit, which the trial court denied. On September 6, 2006, May filed a "Motion for Pre-Trial Credit Time While Awaiting Trial," which the trial court denied as a repetitive motion. Appendix at 6. 2 Appellant's

The sole issue is whether the trial court abused its discretion by failing to grant May's second motion requesting credit time. May argues that he is entitled to 332 days of pretrial credit time under Ind. Code

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