Weaver v. State, 725 N.E.2d 945 (Ind. Ct. App. 2000). · Go Syfert
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Weaver v. State, 725 N.E.2d 945 (Ind. Ct. App. 2000). Cases Citing This Book View Copy Cite
“indeed, a sentence that violates express statutory authority is facially defective.”
80 citation events (79 in the last 25 years) across 3 distinct courts.
Strongest positive: Parrett v. State (indctapp, 2003-12-18)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Parrett v. State
Ind. Ct. App. · 2003 · signal: see also · quote attribution · 1 verbatim quote · confidence high
sentence that violates express statutory authority is facially defective.
discussed Cited as authority (quoted) Tony R. Evans v. State of Indiana (2×) also: Cited as authority (rule)
Ind. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
indeed, a sentence that violates express statutory authority is facially defective.
cited Cited as authority (rule) Gerald L. Stokes v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
Weaver v. State, 725 N.E.2d 945, 947 (Ind. Ct. App. 2000).
discussed Cited as authority (rule) Randall Ray Kratzer v. State of Indiana (mem. dec.) (2×)
Ind. Ct. App. · 2019 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
discussed Cited as authority (rule) Barbara Bell-Shannon v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Court of Appeals of Indiana | Memorandum Decision 19A-CR-381 | August 23, 2019 Page 3 of 5 [7] Pursuant to Indiana Code section 35-38-3-2(b)(4), the judgment of conviction and sentencing must include “the amount of credit time earned for time spent in confinement before sentencing[.]” “[T]herefore, pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
cited Cited as authority (rule) Randall L. Capatina v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
cited Cited as authority (rule) Centrell Lanier v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
cited Cited as authority (rule) Timothy Samples v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
cited Cited as authority (rule) Chanse T. Starr v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
discussed Cited as authority (rule) Dennis James Draper, III v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
Hall v. State, 944 N.E.2d 538, 542 (Ind. Ct. App. 2011) (citing Bischoff v. State, 704 N.E.2d 129, 130 (Ind.Ct.App.1998), trans. denied), trans. denied. “‘Pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.’” Id. (quoting Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000)). [12] At the time that Draper committed the burglary at issue in the Porter County case, a defendant who was imprisoned for a crime or confined awaiting trial or sentencing was initially assigned to Class I and earned one day of credit time for each day that he wa…
cited Cited as authority (rule) Jacob Maciaszek v. State of Indiana
Ind. Ct. App. · 2017 · confidence medium
Good time credit under that statute is a “matter of statutory right, not a matter of judicial discretion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
discussed Cited as authority (rule) Ricky L. Allen v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
The “[d]etermination of a defendant’s pretrial credit is dependent upon (1) pretrial confinement, and (2) the pretrial confinement being a result of the criminal charge for which sentence is being imposed.” Hall v. State, 944 N.E.2d 538, 542 (Ind. Ct. App. 2011), trans. denied. “‘Pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.’” Id. (quoting Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000)).
discussed Cited as authority (rule) Robert W. Adams v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Id. at 786 ; see also Sharp v. State, 970 N.E.2d 647, 651 (Ind. 2012) (credit-time status a penal consequence within contemplation of the sentencing court and thus properly reviewable under App. R. 7(B)); Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000) (discussing inapplicability of res judicata to motions like Adams’s) (“[A]ny time a defendant whose liberty has been restricted through imprisonment . . . requests a trial court to reconsider its previous award of jail time credit, and the defendant’s motion [has] a sufficient factual basis[,] the court must address the merits of…
discussed Cited as authority (rule) Joshua Hopper v. State of Indiana (mem. dec.) (2×) also: Cited "see"
Ind. Ct. App. · 2016 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000) (emphasis original).
discussed Cited as authority (rule) Michael B. Purdue v. State of Indiana
Ind. Ct. App. · 2016 · confidence medium
Brown v. State, 262 Ind. 629, 635 , 322 N.E.2d 708, 712 (Ind.1975); House v. State, 901 N.E.2d 598, 601 (Ind.Ct.App.2009) (citing Williams v. State, 759 N.E.2d 661, 664 (Ind.Ct.App.2001) (citing Weaver v. State, 725 N.E.2d 945, 947-48 (Ind.Ct.App.2000))).
discussed Cited as authority (rule) Robert A. Ottomanelli v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · confidence medium
As such, we find that Ottomanelli has not waived the issue for review. [8] The State concedes that, absent waiver, the trial court “‘must address the merits’ of a motion for jail time credit where the motion ‘identifies a sufficient factual basis for his eligibility’.” Appellee’s Br. p. 6 (quoting Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000)).
cited Cited as authority (rule) Charles Sweeney v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · confidence medium
Weaver v. State, 725 N.E.2d 945, 947-48 (Ind. Ct. App. 2000).
discussed Cited as authority (rule) Daniel L. Scarpinato v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
In making his argument that the trial court did not have discretion to deny him good time credit, Scarpinato relies on Weaver v. State, 725 N.E.2d 945, 947-48 (Ind. Ct. App. 2000), in which a panel of this court explained: Indiana Code Section 35-50-6-3 sets forth in no uncertain terms that a person confined awaiting trial or sentencing is statutorily entitled to one day of credit for each day he is so confined; therefore, pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.
discussed Cited as authority (rule) Harry H. Robertson v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
This court has held, however, that “any time a defendant whose liberty has been restricted through imprisonment or confinement requests a trial court to reconsider its previous award of jail time credit, and the defendant’s motion … identifies a sufficient factual basis for his eligibility, the court must address the merits of such motion.” See Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000) (emphasis in original).
cited Cited as authority (rule) David G. Taylor v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
See Parrett v. State, 800 N.E.2d 620, 623 (Ind. Ct. App. 2003); Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
discussed Cited as authority (rule) Thomas Yoder v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
Gonzalez, 3 N.E.3d at 30 . “[A] trial court’s sentencing authority is only that which is conferred by the legislature, and it does not possess the power to impose sentences beyond the statutorily prescribed parameters.” Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
cited Cited as authority (rule) Idowa Hood v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
Molden v. State, 750 N.E.2d 448, 449 (Ind. Ct. App. 2001) (citing Weaver v. State, 725 N.E.2d 945, 947 (Ind. Ct. App. 2000), reh’g denied).
discussed Cited as authority (rule) Bryant E. Wilson v. State of Indiana
Ind. · 2014 · confidence medium
See, e.g., Laux v. State, 821 N.E.2d 816, 819 (Ind.2005) (sentencing statutes for murder and burglary “do not authorize imposition of a no-contact order as part of an executed sentence”); Douglas v. State, 464 N.E.2d 318, 320 (Ind.1984) (“While the judge is vested with broad discretion in sentencing, he must act within statutorily prescribed limits.”); Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000) (“a trial court’s sentencing authority is only that which is conferred by the legislature, and it does not possess the power to impose sentences beyond the statutorily prescribed…
cited Cited as authority (rule) Dexter Berry v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
“Pre-sentence jail time credit is a matter 3 of statutory right, not a matter of judicial discretion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
discussed Cited as authority (rule) Jeffrey S. Williams v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
In Lewis v. State, 898 N.E.2d 1286, 1290 (Ind. Ct. App. 2009), trans. denied, we stated the following about the issue: When a statute provides for jail time credit, the trial court does not “have discretion in awarding or denying such credit.” Molden v. State, 750 N.E.2d 448, 449 (Ind. Ct. App. 2001) (citing Weaver v. State, 725 N.E.2d 945, 947 (Ind. Ct. App. 2000)).
cited Cited as authority (rule) Daniel Nanos v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Weaver v. State, 725 N.E.2d 945, 947-48 (Ind. Ct. App. 2000).2 Trial courts generally lack discretion to deny pre-sentencing jail time credit because it is a matter of statutory right.
discussed Cited as authority (rule) Terry Chanley v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Id. “[A]ny time a defendant whose liberty has been restricted through imprisonment or confinement requests a trial court to reconsider its previous award of jail time credit, and the defendant’s motion in this regard identifies a sufficient factual basis for his eligibility, the court must address the merits of such motion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000) (emphasis added).
cited Cited as authority (rule) Jordan Guess v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
cited Cited as authority (rule) Donald C. Newlin v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind. Ct. App. 2000).
cited Cited as authority (rule) Hall v. State
Ind. Ct. App. · 2011 · confidence medium
“Pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000).
discussed Cited as authority (rule) House v. State
Ind. Ct. App. · 2009 · confidence medium
Again, Indiana Code section 35-50-6-3(a) provides that "[a] person assigned to Class I earns one (1) day of credit time for each day he is imprisoned for a crime or confined awaiting trial or sentencing." "Pre-sentence imprisonment is a form of punishment and 'credit time statutes, as remedial legislation, should be liberally construed in favor of those benefited by the statute"'" Williams v. State, 759 N.E.2d 661, 664 (Ind.Ct.App.2001) (citing Weaver v. State, 725 N.E.2d 945, 947-48 (Ind.Ct.App.2000)).
discussed Cited as authority (rule) Lewis v. State
Ind. Ct. App. · 2009 · confidence medium
On June 6, 2008, the trial court denied Lewis’ motion. *1290 DECISION When a statute provides for jail time credit, the trial court does not “have discretion in awarding or denying such credit.” Molden v. State, 750 N.E.2d 448, 449 (Ind.Ct.App.2001) (citing Weaver v. State, 725 N.E.2d 945, 947 (Ind.Ct.App.2000)).
cited Cited as authority (rule) Reed v. State
Ind. Ct. App. · 2006 · confidence medium
Weaver v. State, 725 N.E.2d 945, 947-48 (Ind.Ct.App.2000).
discussed Cited as authority (rule) Beaven v. Roth
7th Cir. · 2003 · confidence medium
In Indiana, the sentencing judge awards the amount of credit for time served prior to trial and sentencing, see Weaver v. State, 725 N.E.2d 945, 947-48 (Ind.Ct.App.2000); whereas the state's department of corrections is vested with the responsibility of determining, denying, or restoring "good time” credit, see Kindred v. State, 771 N.E.2d 760, 763 (Ind.Ct.App.2002).
discussed Cited as authority (rule) Jones v. State (2×)
Ind. Ct. App. · 2002 · confidence medium
Thus,'we have previously acknowledged that “Indiana Code Section 35-50-6-3 sets forth in no uncertain terms that a person confined awaiting trial or sentencing is statutorily entitled to one day of credit for each day he is so confined; therefore, pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000).
discussed Cited as authority (rule) Brattain v. State
Ind. Ct. App. · 2002 · confidence medium
However, “a trial court’s sentencing authority is only that which is conferred by the legislature, and it does not possess the power to impose sentences beyond the statutorily prescribed parameters.” Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000).
discussed Cited as authority (rule) Jones v. State (2×)
Ind. Ct. App. · 2002 · confidence medium
Thus, we have previously acknowledged that “Indiana Code Section 35-50-6-3 sets forth in no uncertain terms that a person confined awaiting trial or sentencing is statutorily entitled to one day of credit for each day he is so confined; therefore, pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000).
discussed Cited as authority (rule) Jones v. State (2×)
Ind. Ct. App. · 2002 · confidence medium
Thus, we have previously acknowledged that “Indiana Code Section 35-50-6-3 sets forth in no uncertain terms that a person confined awaiting trial or sentencing is statutorily entitled to one day of credit for each day he is so confined; therefore, pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion.” Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000).
cited Cited as authority (rule) Kindred v. State
Ind. Ct. App. · 2002 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000).
discussed Cited as authority (rule) Thompson v. State
Ind. Ct. App. · 2002 · confidence medium
In Weaver v. State, 725 N.E.2d 945, 947-948 (Ind.Ct.App.2000), this court held: "Indiana Code Section 85-50-6-3 sets forth in no uncertain terms *471 that a person confined awaiting trial or sentencing is statutorily entitled to one day of credit for each day he is so confined; therefore, pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion." Thus, Thompson is entitled to credit for all the time he served while awaiting trial on the charge brought before him.
cited Cited as authority (rule) Williams v. State
Ind. Ct. App. · 2001 · confidence medium
Weaver v. State, 725 N.E.2d 945, 947-48 (Ind.Ct.App.2000).
cited Cited as authority (rule) Gilreath v. State
Ind. Ct. App. · 2001 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App.2000).
discussed Cited as authority (rule) Stephens v. State
Ind. Ct. App. · 2000 · confidence medium
Weaver v. State, 725 N.E.2d 945, 948 (Ind.Ct.App. 2000) (citing Bryant v. State, 446 N.E.2d 364, 365 (Ind.Ct.App.1983); Shane v. State, 716 N.E.2d 391, 400 (Ind.1999); Ragon v. State, 654 N.E.2d 906, 907 (Ind.Ct.
discussed Cited "see" Jeffery Thompson v. State of Indiana
Ind. Ct. App. · 2019 · signal: see · confidence high
See Maciaszek v. State , 75 N.E.3d 1089 , 1092 (Ind. Ct. App. 2017) ("Good time credit under [ Section 35-50-6-3 ] is a 'matter of statutory right, not a matter of judicial discretion.' ") (quoting Weaver v. State , 725 N.E.2d 945 , 948 (Ind. Ct. App. 2000) ), trans. denied ; see also Purdue v. State , 51 N.E.3d 432 , 436 (Ind. Ct. App. 2016) ("Credit time statutes, as remedial legislation, should be liberally construed in favor of those benefitted by the statute.").
discussed Cited "see" Domonique Henderson v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · signal: see · confidence high
See Weaver v. State, 725 N.E.2d 945, 948-49 (Ind. Ct. App. 2000) (any time defendant whose liberty has been restricted through incarceration/confinement presents a legitimate issue concerning credit time, court must address merits of such motion). [14] At the guilty plea hearing, the trial court briefly referenced Henderson’s credit time and stated that it would “attempt to determine how many days that will be.” Tr. at 20-21.
discussed Cited "see" Kincaid v. State (2×)
Ind. Ct. App. · 2001 · signal: see · confidence high
See Weaver v. State, 725 N.E.2d 945 (Ind.Ct.App.2000).
cited Cited "see" Molden v. State
Ind. Ct. App. · 2001 · signal: see · confidence high
See Weaver v. State, 725 N.E.2d 945, 947 (Ind.Ct.App.2000).
discussed Cited "see" Martin v. State (2×)
Ind. Ct. App. · 2001 · signal: see · confidence high
See Weaver v. State, 725 N.E.2d 945, 947 (Ind.Ct.App.2000).
discussed Cited "see, e.g." Robert Antoine Rosenbourgh v. State of Indiana
Ind. Ct. App. · 2025 · signal: see, e.g. · confidence low
See, e.g., Weaver v. State, 725 N.E.2d 945 , 947 n.6 (Ind. Ct. App. 2000) (addressing appeal on merits in part because the appellant’s liberty interest in not being incarcerated was at stake). [15] Still, we are mindful of our Supreme Court’s recent decision in B.H. and the high standard it sets for establishing extraordinarily compelling reasons to reinstate a forfeited right to an appeal. 260 N.E.3d 953 .
Retrieving the full opinion text from the archive…
Brandon WEAVER, Appellant-Defendant,
v.
STATE of Indiana, Appellee-Plaintiff
03A01-9910-CR-349.
Indiana Court of Appeals.
Mar 29, 2000.
725 N.E.2d 945
Andrew J. Baldwin, Franklin, Indiana, Attorney for Appellant, Jeffrey A. Modisett, Attorney General of Indiana, James B. Martin, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.
Brook, Najam, Robb.
Cited by 55 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Indiana Court of Appeals (1)

OPINION

BROOK, Judge

Case Summary

Appellant-defendant Brandon Weaver (‘Weaver”) challenges the trial court’s denial of his motion for pre-sentence jail time credit.

We reverse and remand for further proceedings.

Issues

Weaver presents a single issue for our review, namely, whether the trial court erred in deeming his motion for pre-sentence jail time credit barred by the doctrine of res judicata. [1]

Facts and Procedural History

On November 7, 1994, the State charged Weaver in the Bartholomew Circuit Court (“the trial court”) with two counts of robbery [2] as Class B felonies. At that time, Weaver was incarcerated in another coun[*947] ty on charges unrelated to the Bartholomew County offenses and had been so since August 23, 1994. [3] On November 9, 1994, the trial court issued a warrant for Weaver’s arrest on the Bartholomew County charges, which was ultimately served on July 19,1995.

On February 16, 1996, Weaver pled guilty pursuant to a plea agreement to the two counts of robbery. On April 22, 1996, the trial court sentenced him to fifteen years on each count with five years suspended from each, and ordered that the sentences be served concurrent with each other and the sentences previously imposed in four other counties. [4] In keeping with the pre-sentence investigation report’s recommendation, the trial court did not award Weaver any credit for time served prior to sentencing. [5]

In April 1997, Weaver filed a pro se motion for pre-sentence jail time credit of 609 days, which the trial court summarily denied. He did not appeal the court’s ruling, but retained an attorney who filed another motion for pre-sentence jail time credit in January 1999, this time for 277 days; this, too, the court summarily denied. The trial court also denied Weaver’s subsequent motion to correct error, finding that because Weaver had sought jail time credit in 1997 and the issue had been “previously adjudicated,” he was “barred from filing a second Motion For Credit Time by res judicata.” Weaver now appeals.

Discussion and Decision [6]

Weaver contends that the trial court erred in summarily denying his motion for pre-sentence jail time credit on principles of res judicata. In particular, he urges that a defendant who has not been awarded proper credit time under Indiana Code Section 35-50-6-3 may seek review of this error at any time, because a defendant should not and cannot be incarcerated for any duration longer than that allowed by law. We agree.

‘When interpreting statutory language, the fundamental rule is that words and phrases should be given their plain, ordinary, and usual meaning. We do not trim the sails of legislative intent.” Nutt v. State, 451 N.E.2d 342, 344 (Ind.Ct.App.1983) (citations omitted). Thus, when Indiana Code Section 35-50-6-3 provides, without qualification or exception, that a person imprisoned for a crime or confined awaiting trial or sentencing “earns one (1) day of credit time for each day. he is imprisoned for a crime or confined awaiting trial or sentencing,” we must assume from the plain language of this provision that a trial court has no discretion in the granting or denial of pre-sentence jail time credit. See id.; see also Williams v. State, 178 Ind.App. 163, 167, 381 N.E.2d 1256, 1259 (1978) (construing predecessor statute which read, “When sentencing any person convicted of a crime the sentencing court shall order that the sentenced person be given credit [for time served prior to sentencing],” as imparting no discretion on a trial court with respect to granting presentence jail time credit). Indiana Code Section 35-50-6-3 sets forth in no uncertain terms that a person confined awaiting trial or sentencing is statutorily entitled to one day of credit for each day he is so[*948] confined; therefore, pre-sentence jail time credit is a matter of statutory right, not a matter of judicial discretion. See 24 C.J.S. Criminal Law § 1571 (1989) (observing that in many jurisdictions, the right to jail time credit is statutory, and that courts have even held that “credit for time previously served is constitutionally mandated by the double jeopardy clause of the Fifth Amendment”) (citations omitted).

This construction is not only consistent with the basic precepts of statutory interpretation, but also with “Indiana’s treatment of pre-sentence imprisonment as a form of punishment” and “the proposition that credit time statutes, as remedial legislation, should be liberally construed in favor of those benefited by the statute.” See Nutt, 451 N.E.2d at 344. Moreover, a trial court’s sentencing authority is only that which is conferred by the legislature, and it does not possess the power to impose sentences beyond the statutorily prescribed parameters. See Johnson v. State, 654 N.E.2d 788, 790 (Ind.Ct.App.1996) (noting that legislature has exclusive power to pass statutes defining and punishing crimes), trans. denied; Lockhart v. State, 671 N.E.2d 893, 904 (Ind.Ct.App.1996) (noting that although trial court has broad discretion in sentencing, it must act within statutorily prescribed limits); see also 24 C.J.S. Criminal Law § 1459. Indeed, a sentence that violates express statutory authority is facially defective. See Gressel v. State, 653 N.E.2d 139, 139 (Ind.Ct.App.1995); Lockhart, 671 N.E.2d at 904 (concluding that a sentence which is contrary to or violative of the penalty mandated by statute is an illegal sentence); see also 24 C.J.S. Criminal Law § 1459 (observing that a sentence not permitted by statute is void).

In light of these principles, the trial court erred when it summarily rejected Weaver’s motion for pre-sentence jail time credit as being barred by the doctrine of res judicata. We conclude that any time a defendant whose liberty has been restricted through imprisonment or confinement requests a trial court to reconsider its previous award of jail time credit, and the defendant’s motion in this regard identifies a sufficient factual basis for his eligibility, the court must address the merits of such motion. [7] Cf. Lockhart, 671 N.E.2d at 904 (holding that it is the general if not unanimous rule that a trial court has the power to vacate an illegal sentence and impose a proper one); cf. also Devaney v. State, 578 N.E.2d 386, 389 (Ind.Ct.App.1991) (holding that it is the duty of appellate courts to bring illegal sentences into compliance).

Here, Weaver’s motion alleged that his arrest warrant was served on July 19, 1995, and that he was sentenced on April 22, 1996, for a total of 278 days of pre-sentence confinement. [8] The record further reflects that Weaver was ordered to serve his Bartholomew County sentence concurrent with the sentences previously imposed in four other counties. It is well settled that “where a person incarcerated awaiting trial on more than one charge is sentenced to concurrent terms for the separate crimes, [Indiana Code Section 35-50-6-3] entitles him to receive credit time applied against each separate term. However, where he receives consecutive terms he is only allowed credit time against the total or aggregate of the terms.” Bryant v. State, 446 N.E.2d 364, 365 (Ind.Ct.App.[*949] 1983) (citing Simms v. State, 421 N.E.2d 698, 701-02 (Ind.Ct.App.1981)) (emphasis added). Thus, because Weaver is serving concurrent terms for separate crimes, he is entitled'to a credit against his Bartholomew County sentence for the time he spent incarcerated prior to sentencing on the Bartholomew County charges.

Weaver’s motion for pre-sentence jail time credit provided sufficient information to create an issue which the court should have addressed. The trial court erred when it summarily denied his motion for credit time and determined it was barred by the doctrine of res judicata. As such, we reverse the trial court’s denial of pre-sentence jail time credit and remand for an assessment of the proper number of credit days to which Weaver is entitled.

Reversed and remanded for further proceedings consistent with this opinion.

NAJAM, J., and ROBB, J., concur.
1

. In a nutshell, the doctrine of res judicata bars relitigation of a claim after a final judgment has been rendered, when the subsequent action involves the same claim between the parties. See Shumate v. State, 718 N.E.2d 1133, 1135 (Ind.Ct.App.1999).

2

. See Ind.Code § 35-42-5-1 (robbery while armed with a deadly weapon).

3

. It is unclear from the record in which county Weaver was incarcerated and for what duration. The trial court’s abstract of judgment reflects that sentences had been previously imposed upon him in Hendricks, Montgomery, Morgan, and Putnam Counties.

4

. See footnote 3.

5

. Neither the pre-sentence investigation report nor the transcript of the sentencing hearing was included in the record before us.

6

.Initially, we observe that Weaver fails to present cogent argument or cite to any legal authority in support of his arguments on appeal. See Ind. Appellate Rule 8.3(A)(7). He therefore waives review of those arguments. See Hough v. State, 690 N.E.2d 267, 275 (Ind.1997). Nevertheless, we address the merits of Weaver’s appeal given the liberty interests at stake in light of his continued incarceration.

7

. This is not to say that a trial court must address the merits of every pre-sentence jail time credit motion filed by a defendant, but only those presenting a legitimate issue with respect to credit which are supported by the facts of the case and existing legal theories, thus triggering the need to reconsider an award of credit. By way of illustration, a trial court may summarily deny a motion for pre-sentence jail time credit that provides no information or factual basis from which the court can determine whether credit time is or may be due; one that makes only bald assertions of error or entitlement to credit time; or one that advances a theory of eligibility not recognized by our existing case law interpreting Indiana Code Section 35-50-6-3.

8

. Weaver's motion actually requests 277 days of pre-sentence jail time credit.