Renfroe v. State, 743 N.E.2d 299 (Ind. Ct. App. 2001). · Go Syfert
Renfroe v. State, 743 N.E.2d 299 (Ind. Ct. App. 2001). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Albert Burton v. State of Indiana (indctapp, 2016-12-07)
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Albert Burton v. State of Indiana
Ind. Ct. App. · 2016 · signal: cf. · confidence medium
Cf. Renfroe v. State, 743 N.E.2d 299, 301 (Ind.Ct.App.2001) (stating that amelioration doctrine "[did] not strictly apply” to case involving post-sentence education credit), opinion on reh’g.
cited Cited as authority (rule) Douglas Cottingham v. State of Indiana
Ind. · 2012 · confidence medium
Cottingham, 952 N.E.2d at 249 (citing Renfroe v. State, 743 N.E.2d 299, 300-01 (Ind.Ct.App.2001)).
cited Cited as authority (rule) Cottingham v. State
Ind. Ct. App. · 2011 · confidence medium
Renfroe v. State, 743 N.E.2d 299, 300-01 (Ind.Ct.App.2001).
discussed Cited as authority (rule) Budd v. State (2×) also: Cited "see"
Ind. Ct. App. · 2010 · confidence medium
See Ind.Code § 835-50-6-8.8 (1998); Renfroe v. State, 743 N.E.2d 299, 300 (Ind.Ct.App. *753 2001).
discussed Cited as authority (rule) Paul v. State
Ind. Ct. App. · 2008 · confidence medium
Moreover, in Renfroe v. State, 743 N.E.2d 299, 301 (Ind.Ct.App.2001), we held that the constitutional protections against ex post facto precluded application of a statutory amendment “that would effectively deprive [Renfroe] of credit time” for having completed his GED, and that he was entitled to educational credit pursuant to the statute in effect at the time he committed the offense.
examined Cited as authority (rule) Cotton v. Ellsworth (4×) also: Cited "see"
Ind. Ct. App. · 2003 · confidence medium
DeSantis v. State, 760 N.E.2d 641, 645 (Ind.Ct.App. 2001), adopted on trans. 778 N.E.2d 787 (Ind.2002); Renfroe v. State, 743 N.E.2d 299, 300-01 (Ind.Ct.App.2001).
discussed Cited as authority (rule) DeSantis v. State (2×)
Ind. Ct. App. · 2001 · confidence medium
Desantis cites Renfroe v. State, 743 N.E.2d 299, 301 (Ind.Ct.App.2001), as an example of a case where the doctrine of amelioration has been applied to a non-sentencing provision of a statute.
Retrieving the full opinion text from the archive…
Lawrence RENFROE, Appellant-Petitioner,
v.
STATE of Indiana, Appellee-Respondent
67A01-0005-CR-140.
Indiana Court of Appeals.
Jan 25, 2001.
743 N.E.2d 299
Lawrence Renfroe, pro se., Karen Freeman-Wilson, Attorney General of Indiana, Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Barnes, Bailey, Riley.
Cited by 10 opinions  |  Published

OPINION ON REHEARING

BARNES, Judge

We issue this opinion on rehearing to address the State's contention that we applied Indiana Code Section 35-50-6-8.3 incorrectly. Specifically, the State cites to us two other versions of the statute, one version it claims was in effect on the date that Renfroe earned his GED, and the other version being the statute as it currently reads. [1]

Renfroe was convicted on March 13, 1995. At that time, Indiana Code Section 35-50-6-8.3 had yet to be amended. It was silent as to the method of computation to be applied when an incarcerated person earned six months of credit upon the completion of a "general equivalency degree," as it was termed at the time. We do note, however, that as it originally read, the statute provided that such a person was required to complete "at least a portion of the degree requirements after June 30, 1993," and that notwithstanding other statutory provisions regarding sanctions for probation violations, "a person may not be deprived of credit time earned under this section." Ind.Code § 85-50-6-8.3 (1993) (as added by P.L. 248-1993, approved April 30, 1998)...

Our research reveals that Public Laws 148-1995 and 149-1995 amended Indiana Code Section 35-50-6-8.8, but not in the manner argued by the State in its rehearing petition. Effective July 1, 1995-after Renfroe was sentenced but one year before he earned his GED, on July 1, 1996-the only amendment relevant to Renfroe's situation was the addition of subsection (c), the language cited in our original opinion: "Credit time earned by a person under this section is subtracted from the period of imprisonment imposed on the person by the sentencing court."

Our research further reveals that two separate Public Laws passed on consecutive days-but both reciting an effective date of July 1, 1999, provided the most recent amendments to the subsection at issue here: Public Law 183-1999, approved May 12, 1999, replaced "period of imprisonment imposed on the person by the sentencing court" with "minimum release date of the sentence imposed by the court," whereas Public Law 248-1999, approved May 13, 1999, amended the same subsection to include the current language that "[clredit time earned by a person under this section is subtracted from the release date that would otherwise apply to the person after subtracting all other ered-it time earned by the person." It is these two versions of the statute that the State cites in its rehearing petition...

Under the doctrine of amelioration, a defendant who is sentenced after the effective date of a statute providing for more lenient sentencing is entitled to be sentenced pursuant to that statute rather than the sentencing statute in effect at the time of the commission or conviction of the[*301] crime. Lunsford v. State, 640 N.E.2d 59, 60 (Ind.Ct.App.1994). Although the doe-trine of amelioration does not strictly apply in Renfroe's case, which involves a post-sentence education eredit as opposed to a substantive sentencing provision, the principle remains the same: Renfroe should not be subject to an ex post facto amendment to the statute that would effectively deprive him of credit time. See, e.g., Warner v. State, 265 Ind. 262, 354 N.E.2d 178, 184 (1976) (holding that the Legislature may not withdraw "a benefit which provided a form of punishment considered lesser or more desirable, if it was available at the time of the offense.").

Because the two versions cited by the State were not in effect until 1999, we are left to apply either the 1998 version, which is silent as to the relation of education credit vis-&-vis the minimum release date, or the 1995 version, which includes the language cited in our original opinion. Under either of these versions, the same result follows: the credit Renfroe earned for obtaining his GED should have been applied toward the sentence imposed by the trial court. For other defendants, the result would necessarily differ according to the version of the statute implicated by the facts of the case.

BAILEY, J., and RILEY, J., concur.
1

. Indiana Code Section 35-50-6-3.3 currently provides, "Credit time earned by a person under this section is subtracted from the release date that would otherwise apply to the person after subtracting all other credit time earned by the person." (Emphasis added.)