Walters v. State

John A. Fogleman, Justice.

Appellant challenges his sentence to five years’ imprisonment with credit thereon for six months pretrial incarceration on a charge of assault with intent to kill by firing a pistol and wounding Levonia Gray. He contends that the court abused its discretion by requiring appellant to accept a greater term of imprisonment as a condition for receiving credit for pretrial incarceration, saying that he was thereby effectively denied “jail time credit” solely on the basis of indigency.

The circuit judge first indicated that since he had given another man a three-year…