State v. Bergevine

ORDER

The issue presented in this case, although novel, can be disposed of rather simply. The defendant, John Bergevine, was found by the Superior Court to be a violator of the terms and conditions of his probationary status. On appeal, he argues that he was no longer on probation at the time of the offense that was found to constitute a violation of his probation. We are unable to accept the defendant’s reasoning.

The defendant’s basic contention is that the credit which he was awarded for time served resulted in a retroactive change of his sentencing date — thereby causing his probation…