Thomas v. State

PETERSON, Judge.

Archie L. Thomas complains that he was not given credit for time served in lower court case number 90-6559 when he was subsequently sentenced in lower court case number 90-6558, after violating the terms of his probation in the latter case. We agree that credit should have been given and remand.

Thomas was sentenced to four years incarceration in case number 90-6559 and five years probation in case number 90-6558 which was to run consecutive to case number 90-6559. Although he received the sentence of four years incarceration on January 2, 1992 with 208 days credit, he had been…