Burkey v. State

Karl Burkey correctly contends that upon revocation of probation he should have re*1258ceived credit for time previously served on probation. Burkey had been on probation since September 1991 and never received credit for time served upon revocation of probation. When the trial court in November 1993, upon a second revocation of probation, imposed two years’ community control and two years’ probation, Burkey had already served over two years on probation. Thus, Burkey’s combined term of community control and probation exceeds the five-year statutory maximum for a third-degree felony. See Straughan…