William Kersey, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

Case Summary

[1] After the trial court revoked William Kersey's probation, it sentenced him to 600 days executed in the Indiana Department of Correction (DOC), but it did not account for any credit time. Kersey argues, and the State agrees, that he was entitled to credit time for the twenty-one-day period he was incarcerated prior to his revocation hearing. We agree and remand with instructions.

Facts and Procedural History

[2] In November 2024, Kersey pled guilty to Level 5 felony criminal confinement and Level 6 felony domestic battery. For the Level 5 felony, he was sentenced to 188 days executed in the DOC and 907 days suspended, with 365 days to be served on probation. For the Level 6 felony, he was sentenced to 365 days suspended to probation to be served consecutively to the first count. He was also ordered to participate in domestic violence classes and complete mental health and substance abuse evaluations.

[3] On September 24, 2025, the State filed a notice that Kersey had violated his probation in several respects, including: failing to complete any of the ordered classes or evaluations; testing positive for marijuana, cocaine, and methamphetamine; and failing to report to the Probation Department. After Kersey failed to appear for the violation hearing the next day, he was arrested and held in custody at the Marion County Jail until his next hearing on October 16.

[4] At the October 16 hearing, he admitted to violating the terms of his probation. Accepting the State's recommendation, the trial court revoked Kersey's probation and sentenced him to 600 days executed in the DOC. Neither at the hearing nor in its sentencing order did the court credit Kersey for the time he was in custody before the revocation hearing. Kersey now appeals.¹

Discussion and Decision

[5] Kersey argues, and the State concedes, that the trial court failed to award him credit time for his twenty-one-day incarceration on the probation violation. A trial court has no discretion regarding whether to award or deny credit time because such is a statutory right. Harding v. State, 27 N.E.3d 330, 331-32 (Ind. Ct. App. 2015). Under Indiana Code section 35-50-6-4, Kersey would fall into the Class B category for purposes of calculating his credit time.  ² A person in the Class B category is entitled to “one [ ] day of good time credit for every three [ ] calendar days or partial calendar days” he is confined while waiting for trial or sentencing. Ind. Code § 35-50-6-3.1(c)(2). It is Kersey's burden on appeal to prove the trial court erred. Harding, 27 N.E.3d at 332.

[6] Here, the court's sentencing order reflects that Kersey received zero days of accrued time and zero days of good time credit despite having been incarcerated for twenty-one days prior to his revocation hearing. See Appellant's Appendix Vol. 2 at 125. Kersey was entitled to credit time for that period. See Niccum v. State, 181 N.E.3d 993, 995-96 (Ind. Ct. App. 2021) (holding appellant was entitled to credit time for the period in which he was incarcerated prior to probation revocation proceedings). Thus, we remand this case to the trial court with instructions for it to calculate and apply Kersey's accrued credit time and good time credit and amend its sentencing order accordingly.

Conclusion

[7] For the foregoing reasons, we remand this case to the trial court with instructions.

[8] Remanded with instructions.

FOOTNOTES

1.   We note that this matter is appropriate for review on direct appeal. See Rudisel v. State, 31 N.E.3d 984, 988 (Ind. Ct. App. 2015) (providing a defendant may dispute the trial court's award of credit time on direct appeal); Robinson v. State, 805 N.E.2d 783, 786 (Ind. 2004) (same); Buchanan v. State, 956 N.E.2d 124, 128 (Ind. Ct. App. 2011) (same).

2.   This statute specifically provides that “[a] person[ ] ․ who is not a credit restricted felon[ ] and ․ who is ․ imprisoned awaiting trial or sentencing for a crime other than a Level 6 felony or misdemeanor[ ] is initially assigned to Class B.” Ind. Code § 35-50-6-4(b).

DeBoer, Judge.

Brown, J., and Altice, J., concur.