State v. Montigney

MOORE, Judge.

Appellee was adjudicated guilty of an attempted burglary of a conveyance and placed on probation for a period of five years s with the special condition that he serve one year in the county jail. Shortly after completing his one year in the county jail appellee was alleged to have violated his probation. The trial court granted ap-pellee’s motion to dismiss the amended warrant charging a violation of probation on the basis that the charge for which appellee was on probation was a first degree misdemeanor and, thus, appellee had served the maximum amount of time for such crime.…