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.

ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

KRISTIN A. MULHOLLAND GREGORY F. ZOELLER

Office of the Public Defender, Appellate Div. Attorney General of Indiana

Crown Point, Indiana

BRIAN REITZ

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

JAMAAL RASHEED SOUTHERN, )

)

Appellant-Defendant, )

)

vs. ) No. 45A03-1107-CR-298

)

STATE OF INDIANA, )

)

Appellee-Plaintiff. )

APPEAL FROM THE LAKE SUPERIOR COURT

The Honorable Raymond D. Kickbush, Sr. Judge

Cause Nos. 45G03-1001-FB-8, 45G03-1002-FB-12, 45G03-1003-FB-14,

45G03-1003-FB-15, 45G03-1004-FB-43, 45G03-1006-FB-64

April 23, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge
2

Jamaal Southern appeals the denial of his request for credit time. We affirm.

FACTS AND PROCEDURAL HISTORY

In 2010, the State charged Southern with ten counts of Class B felony burglary1and 

one count each of Class C felony burglary,2 Class D felony residential entry,3and Class D 

felony theft.4 Southern was incarcerated in Michigan when the charges were filed. On May 

17, he was transported from Michigan to Indiana under an Interstate Agreement on Detainers 

(IAD) to stand trial for those thirteen charges.

On May 5, 2011, Southern agreed to plead guilty to six counts of Class B felony

burglary and one count of Class C felony burglary. In exchange, the State dismissed the 

other charges against him. The agreements provided Southern would be sentenced to twenty 

years for each count of Class B felony burglary and to eight years for Class C felony 

burglary, and to be served concurrently for an aggregate sentence of twenty years. 

The trial court sentenced Southern according to the terms of his plea agreement and 

ordered him to serve his Indiana sentence consecutive to his Michigan sentence. During the 

sentencing hearing, Southern requested credit on his Indiana sentence for the 389 days he 

served in Indiana awaiting sentencing. The court denied his request because “he is going to 

be given credit toward his Michigan Department of Correction sentence there and is not 

entitled to the double credit[.]” (Sentencing Tr. at 25.) 

 

1

Ind. Code § 35-43-2-1(1).

2

Ind. Code § 35-43-2-1.

3

Ind. Code § 35-43-2-1.5.

4

Ind. Code § 35-43-4-2(a).
3

DISCUSSION AND DECISION

Indiana Code § 35-50-6-3(a) provides, “A person assigned to Class I earns one (1) day 

of credit time for each day the person is imprisoned for a crime or confined awaiting trial or 

sentencing.” The determination of a defendant’s credit time depends on the length of his 

pretrial confinement and whether that confinement is a result of the criminal charge for 

which sentence is being imposed. Payne v. State, 838 N.E.2d 503, 510 (Ind. Ct. App. 2005), 

trans. denied. If a defendant is serving concurrent terms for separate crimes, he is entitled to 

credit time against each term. Id. However, if the defendant is sentenced to consecutive 

terms for his crimes, he is allowed credit time only against the aggregate of the terms. Id. A

defendant may not claim “double or extra credit”5for pre-sentencing confinement. Id. 

The trial court ordered Southern’s Indiana sentence to run consecutive to his Michigan 

sentence. He received a 389 day credit against his Michigan sentence for the time he spent 

awaiting trial and sentencing for the Indiana charges. As Southern received credit against his 

Michigan sentence, any additional credit would result in impermissible double credit. See 

Payne, 838 N.E.2d at 510 (Payne not entitled to credit against sentences to be served 

consecutively). Accordingly, we affirm.

Affirmed.

CRONE, J., and BROWN, J., concur.

 

5

In Payne, we indicated “double” or “extra” credit occurs when a defendant is given credit twice for the same 

period of pre-sentencing confinement. Payne, 838 N.E.2d at 510.