FILED Apr 29 2020, 10:13 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Trampas A. Whalin Curtis T. Hill, Jr. Dollard Evans Whalin LLP Attorney General Noblesville, Indiana George P. Sherman Supervising Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Reynaldo Ernesto Alvarez, April 29, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-1906 v. Appeal from the Hamilton Superior Court State of Indiana, The Honorable Jonathan Brown, Appellee-Plaintiff Judge Trial Court Cause No. 29D02-1810-F3-7142 Crone, Judge. Court of Appeals of Indiana | Opinion 19A-CR-1906 | April 29, 2020 Page 1 of 8 Case Summary [1] Reynaldo Ernesto Alvarez pled guilty to level 6 felony sexual battery and was subsequently sentenced to two and a half years in the Indiana Department of Correction. Alvarez filed a motion to correct error arguing that the trial court erred during sentencing in declining to give him credit for time spent in the Hamilton County Jail prior to the entry of his conviction and sentencing hearing. The trial court denied the motion. Alvarez now appeals asserting that the trial court abused its discretion in denying his motion. Finding no abuse of discretion, we affirm. Facts and Procedural History [2] Alvarez sexually assaulted F.W. in the front yard of her Hamilton County home. On October 9, 2018, the State charged Alvarez with two counts of level 3 felony rape. Alvarez was arrested and an initial hearing was held on October 11, 2018. The trial court set bond at $100,000. A bond review hearing was held on October 25, 2018. During the hearing, Alvarez, a citizen of El Salvador allegedly seeking political asylum in the United States, admitted that he was aware that United States Immigration and Customs Enforcement (ICE) had placed a “hold” on him. Tr. Vol. 2 at 15. He also informed the trial court that he had pending battery charges in Marion County for battery against a person less than fourteen years of age, that he had previously been convicted in Marion County of battery resulting in bodily injury and for operating a motor vehicle without ever receiving a license, and that he had violated probation on multiple occasions. His counsel argued that due to the ICE hold and other pending Court of Appeals of Indiana | Opinion 19A-CR-1906 | April 29, 2020 Page 2 of 8 issues, Alvarez was not a flight risk and therefore bond should be reduced. At the conclusion of the hearing, the trial court reduced bond to $50,000, and set the case for a pretrial conference on December 20, 2018. The court scheduled the jury trial for February 5, 2019. Alvarez posted bond on October 17, 2018, and was released from the Hamilton County Jail. [3] The day before the scheduled pretrial conference, on December 19, 2018, the State filed a motion to continue the conference. The motion stated that Alvarez was now in federal custody and that his counsel had agreed to the continuance. The ...
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