State v. Oquendo

Defendant Miguel Angel Oquendo appeals from his conviction of a second violation of probation and the sentence imposed thereon, as well as the failure to allow him “jail credit” based on time spent on “parole” while serving his sentence of probation after the county jail portion of that sentence.

Oquendo had entered a retraxit plea of guilty on January 30, 1988, to possession of cocaine with intent to distribute it within 1,000 feet of a school. Under the plea agreement the State agreed to dismiss three other charges against him and recommend a sentence of four years’ probation with 364 days…