Smith v. State

Randolph C. Smith [“Smith”] appeals his judgment and sentence after Smith pled guilty to violating his probation by committing a new substantive offense. Smith claims the trial court erred when it failed to credit him with 529 days of time served. We agree and reverse.

On September 5, 2002, Smith was sentenced to six months in jail followed by 4.5 months probation for the felony offenses of grand theft and burglary, committed in Orange County. On April 20, 2005, an affidavit of violation of probation was filed, alleging Smith violated condition (5) of his probation by committing new law…