ATTORNEYS FOR APPELLANT: ATTORNEYS FOR APPELLEE:
JILL M. DENMAN KAREN M. FREEMAN-WILSON
JOHN W. BAILEY Attorney General of Indiana
Matheny, Michael, Hahn & Bailey, L.L.P.
Huntington, Indiana JANET L. PARSANKO
Deputy Attorney General
Indianapolis, Indiana
IN THE
SUPREME COURT OF INDIANA
STEVEN PALMER, )
)
Appellant (Defendant), ) Supreme Court Cause Number
) 35S02-0208-CR-447
v. )
) Court of Appeals Cause Number
STATE OF INDIANA, ) 35A02-0008-CR-496
)
Appellee (Plaintiff). )
APPEAL FROM THE HUNTINGTON SUPERIOR COURT
The Honorable Jeffrey R. Heffelfinger, Judge
Cause No. 35D01-9708-CM-00922
ON PETITION TO TRANSFER
August 28, 2002
RUCKER, Justice
After pleading guilty to operating a vehicle while intoxicated and
possession of marijuana, the trial court placed Steven Palmer on
electronically monitored home detention as a condition of probation. When
Palmer later violated the conditions of his probation, the trial court
revoked it and ordered him to serve the balance of his sentence. Palmer
subsequently petitioned the trial court to receive credit for the time he
had served on home detention, which the trial court denied. On review, the
Court of Appeals affirmed. Palmer v. State, 744 N.E.2d 525 (Ind. Ct. App.
2001).
Just two months after Palmer filed his brief in support of petition to
transfer with this Court, the General Assembly amended Indiana Code
sections 35-38-2-3 and 35-38-2.5-5. Pub.L. No. 166-2001, §§ 1, 2, 2001
Ind. Acts 1075-76, 1077. Effective July 1, 2001, the amendments provide
that a person earns credit for time served on home detention as a condition
of probation. Ind. Code §§ 35-38-2-3(h)(2), (j)(2), -2.5-5(e).
Previously, the statutes were silent on this point. See I.C. §§ 35-38-2-3,
-2.5-5 (1998). In accordance with our companion case also decided today,
Martin v. State, No. 03S01-0108-PC-363 (Ind. Aug. 28, 2002), we hold that
the amendments should be applied retroactively to Palmer. We therefore
grant transfer and reverse the trial court.
SHEPARD, C.J., and DICKSON, SULLIVAN and BOEHM, JJ., concur.