Burks-Bey v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, David M. Burks, Bey (Burks-Bey), appeals the trial court's dismissal of his Motion for Additional Earned Credit Time under Indiana Code section 35-50-6-8.3.

We reverse and remand with instructions.

ISSUE

Burks-Bey presents two issues for our review, but we reach only one: Whether the trial court properly determined that it lacks subject matter jurisdiction over Burks-Bey's Motion for Additional Earned Credit Time. 1

FACTS AND PROCEDURAL HISTORY

On July 16, 2007, Tippencanoe Superior Court No. 2 sentenced Burks-Bey to twelve years for…