Jett v. Leverette

Miller, Justice:

In this original habeas corpus proceeding the relator, Danny Bruce Jett, challenges the denial of credit on his underlying sentence for the time he spent on probation before its revocation. He contends the Double Jeopardy Clause, Article III, Section 5 of the West Virginia Constitution, requires that he be given credit for such time.

*141Heavy, if not total, reliance is placed on Conner v. Griffith, _ W. Va. __, 238 S.E.2d 529 (1977). There, we held our Double Jeopardy Clause requires credit on the underlying sentence for time spent on parole where there is a revocation of parole.…