Simms v. State

MILLER, Judge.

Defendant-appellant Richard S. Simms on September 17,1979 plead guilty to the Class D felonies of theft 1 and escape. 2 He was sentenced by the Elkhart Superior Court on January 2, 1980 to four years imprisonment on each offense with the sentences running consecutively. Simms received 260 days credit for pre-trial confinement which credit was applied only to the sentence imposed for theft. Subsequently, on June 18 Simms filed a pro se “Motion to Allow Jail Time Credit” of 260 days to be applied against the escape sentence which the trial court denied on July 7. A pro se Motion…