Hutchins v. State

Miller, Judge.

Having pled guilty to driving under the influence, James Hutch-ins was sentenced to 12 months in the county jail, “[pjrovided, that after the service of 180 days in confinement, the balance shall be probated.” The sheriff awarded him 60 days credit for good time and released him following 120 days confinement. After serving probation for 185 days, Hutchins moved to have his sentence terminated, which the court denied on the ground that the 60 days of “good-time” credit had to be served on probation. The question on appeal is whether a sentence which orders a defendant to serve…