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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.

ATTORNEYS FOR APPELLANT: STEPHEN T. OWENS Public Defender of Indiana JENNIFER G. SCHLEGELMILCH Deputy Public Defender Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

FILED
Sep 15 2011, 9:57 am
of the supreme court, court of appeals and tax court

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

CLERK

No. 18A04-1103-PC-176

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Richard A. Dailey, Judge Cause No. 18C02-0812-FA-9

September 15, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Timothy L. Hahn appeals the post-conviction court's summary dismissal of his petition for post-conviction relief in which he argued that he was entitled to an additional 582 days of credit for time he was imprisoned awaiting sentencing. The State concedes that Hahn is entitled to additional credit time. Concluding that Hahn is entitled to an additional 582 days of credit time, we reverse the post-conviction court. Facts and Procedural History On December 9, 2008, Hahn was arrested in Muncie and taken into custody, where he remained throughout the pendency of the underlying proceedings. On

December 17, 2008, the State charged Hahn with Class A felony burglary, Class B felony robbery, and Class C felony criminal confinement. On January 6, 2009, the trial court received a parole violation warrant because Hahn was on parole under Cause Number 18D01-9104-CF-21 (Cause No. 21) at the time he was arrested in this case. Appellant's App. p. 70. The parole violation warrant recommended "to hold probable cause hearing and await local disposition." Id. On May 3, 2010, Hahn pled guilty to Class B felony robbery in this case. His sentencing hearing was set for June 2010 and then rescheduled for July 15, 2010. On July 12, 2010, the Parole Board noted that because Hahn's projected release date from parole was July 15, 2010, its recommendation was to "lift and void parole violation warrant . . . and discharge to wanting authorities." Id. at 71. An affidavit from

Extradition Coordinator/Parole Services Coordinator Ronald Leffler confirms that Hahn's

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parole warrant was lifted and voided, he was discharged to the wanting authorities, and a parole revocation hearing was never held. Id. at 94-95. On August 5, 2010, the trial court sentenced Hahn to ten years, with two years suspended. The trial court placed Hahn in Class I and gave him "jail time credit" of 22 actual days (for a total of 44 days). Id. at 12 (CCS entry). In September 2010, Hahn filed a pro se petition for post-conviction relief alleging, among other things, that the trial court failed to award him credit for the entire time he was imprisoned awaiting sentencing in this case.1 The State Public Defender later

amended the petition raising the same issue. The State responded that Hahn was not entitled to credit for the entire time he served awaiting sentencing in this case because of the parole matter and moved for summary disposition pursuant to Post-Conviction Rule 1(4)(g). The post-conviction court granted the State's motion for summary disposition in February 2011. Hahn filed a motion to correct error, which the court denied. Hahn now appeals. Discussion and Decision Hahn contends that the trial court erred in awarding him only 22 days of credit for the time that he was imprisoned awaiting sentencing in this case and that he is entitled to an additional 582 days because the Parole Board ended up not revoking his parole. The State concedes that the trial court "erred in denying [Hahn] credit for the entire time he spent incarcerated prior to his sentencing in the present case" because Hahn was never found to have violated his parole. Appellee's Br. p. 4.
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It is unclear why Hahn pursued post-conviction relief instead of raising this issue on direct

appeal.

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Each inmate in Indiana is placed into a class for the purpose of earning credit time. Neff v. State, 888 N.E.2d 1249, 1250 (Ind. 2008). A person who is not a credit-restricted felon and who is imprisoned for a crime or imprisoned awaiting trial or sentencing is initially assigned to Class I. Ind. Code

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