Capes v. State

DeBRULER, Justice.

On January 28, 1992, a jury found Appellant Jerry Bradley Capes guilty of Arson, I.C. § 35-48-1-1(a)(8) (Burns 1994). The Court of Appeals affirmed the trial court on all issues raised by Appellant. Capes v. State (1993), Ind.App., 615 N.E.2d 450. Appellant petitions for transfer on a single ground: whether the decision was erroneous in concluding that the trial court acted properly in denying him credit for time served in pretrial house arrest. We now grant transfer to decide that question.

After his arrest Appellant was released on his own recognizance but placed in home…