Carpenter v. State

Appellant was placed on probation for two years after he pled nolo contendere to possession of a stolen vehicle. As a condition of probation he was required to serve the first eight months of the two years in county jail. Subsequently appellant was found to have violated the terms of his probation and his probation was revoked. The trial court sentenced him to five years with credit for time served immediately prior to the revocation; however, the court refused to allow credit for the time previously served as a condition of probation.

Appellant claims that the probation order was invalid…