Phillip D. Ealy v. State of Indiana (mem. dec.)

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Apr 07 2017, 8:24 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court

Court of Appeals estoppel, or the law of the case. and Tax Court APPELLANT PRO SE ATTORNEYS FOR APPELLEE Phillip D. Ealy Curtis T. Hill, Jr. Pendleton, Indiana Attorney General of Indiana

Monika Prekopa Talbot Deputy Attorney General Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Phillip D. Ealy, April 7, 2017 Appellant-Petitioner, Court of Appeals Case No.

49A05-1610-CR-2304 v. Appeal from the Marion Superior

Court State of Indiana, The Honorable Grant Hawkins, Appellee-Respondent Judge

Trial Court Cause No. 49G05-9312-CF-168186

Vaidik, Chief Judge.

[1] In 1994, Phillip D. Ealy was convicted of murder and carrying a handgun without a license and sentenced to sixty years. See Ealy v. State, 685 N.E.2d Court of Appeals of Indiana | Memorandum Decision 49A05-1610-CR-2304 | April 7, 2017 Page 1 of 2 1047 (Ind. 1997). In 2016, Ealy sought six months of credit for a substance- abuse program that he had completed in prison in April 1996. See Appellant’s App. p. 22. The Indiana Department of Correction (“DOC”) and later the trial court denied Ealy’s request, and he now appeals. Indiana Code section 35-50- 6-3.3(b), which allows a person to earn educational credit for completing a DOC-approved substance-abuse program while confined in the DOC, went into effect in 1999. See P.L. 183-1999, § 3. However, educational credit cannot be earned under subsection (b) unless the person completes at least a portion of the program requirements after June 30, 1999. Ind. Code § 35-50-6-3.3(h). Because Ealy completed the program in April 1996, he is not entitled to any credit.1 We therefore affirm the trial court.

[2] Affirmed.

Bailey, J., and Robb, J., concur.