Neighbors v. State

This is an appeal by William C. Neighbors from a summary denial of his Rule 27.26, V.A.M.R., motion to vacate, set aside, or correct his sentence of five years for possession of burglar’s tools. The motion was based on the ground that he was denied equal protection of the law for the reason that he was not credited with all the time spent while out on probation prior to final sentencing.

Appellant’s points on this appeal are that he was denied due process of law and equal protection for the reason that he did not receive credit for time spent on probation against a sentence subsequently…