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Monday, August 02, 2004
Indiana Decisions - One Court of Appeals Opinion Posted Today
Mark S. Murfitt v. State of Indiana (6/28/04 IndCtApp) [Criminal Law & Procedure]
Najam, Judge
Mark S. Murfitt appeals from the trial court’s denial of his pro se “Motion for Pretrial Credit for Time Served” and presents the following dispositive issue for review: whether the trial court abused its discretion when it denied Murfitt’s motion requesting credit time for 270 days during which he was released on bond. We affirm. * * *[W]e agree with the State that on its face his claim lacks merit. No statute or case establishes that a defendant who is released on bond is “confined awaiting trial” for purposes of Indiana Code Section 35-50-6-3(a)(1). To the contrary, in Molden v. State, 750 N.E.2d 448, 451 (Ind. Ct. App. 2001), this court determined that a trial court did not abuse its discretion when it denied credit time under Indiana Code Section 35-50-6-3 to a defendant who was confined in home detention while awaiting trial. * * * A defendant, like Murfitt, who was released on bond for some period of time prior to sentencing has substantially lesser restrictions upon his personal liberty than a defendant confined to home detention. See footnote Murfitt’s claim that he is entitled to pre-trial credit time under Indiana Code Section 35-50-6-3 is not well taken. Affirmed.
KIRSCH, C.J., and RILEY, J., concur.
Posted by Marcia Oddi on August 2, 2004 02:06 PM
Posted to Indiana Decisions