Stevenson v. State

While Wayne Stevenson was being sentenced to fifteen years’ incarceration after having violated the terms of his probation, an issue arose as to whether he would be allowed credit for only actual time previously served or for all time, including gain time. He had originally been sentenced to five years in prison followed by fifteen years’ probation. Having served the prison time with credits for gain time, he was under restraint pursuant to the terms of probation when he violated those terms.

The trial court’s written sentence, entered after a finding of violation of probation, indicated that…