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.
JANET L. PARSANKO
Deputy Attorney General
SUPREME COURT OF INDIANA
STEVEN PALMER, )
Appellant (Defendant ), ) Supreme Court Cause Number
) 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
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.