State v. McFarland

The defendant appeals from the trial court’s judgments revoking his probation and committing him to the custody of the commissioner of correction to serve a sentence of six years. The only issue on appeal is whether the defendant could be lawfully subjected to a charge of violating his probation for conduct committed at a time when he had been mistakenly released from prison and had not yet served his properly calculated prison term.1 The defendant argues that his probation could not have commenced at the time he allegedly violated probation because he had not yet been “released” from…