State v. Smith

MILLS, Judge.

The state appeals from a sentence of imprisonment for attempted possession of a firearm by a convicted felon. It contends the trial court erred in awarding the defendant credit for time spent in jail as a condition of probation imposed for an earlier offense. We reverse.

In 1985, John Jay Smith pled nolo conten-dere to burglary of a structure and grand theft. He was placed on probation for five years with the special condition that he serve 364 days in jail. After serving the jail-time, and while still on probation, he was charged with violation of probation. One of the alleged…