McKnight v. State

Keith Joseph McKnight (defendant) appeals his sentence, arguing that the trial court erred in not awarding him credit for the time he successfully served on probation. We agree and, therefore, reverse.

The defendant was charged with one count of driving with a license canceled, suspended, or revoked as a habitual traffic offender (a third-degree felony),1 and one count of DUI (a misdemeanor).2 The trial court sua sponte offered the defendant a withhold of adjudication on count one with a term of two years of probation, and an adjudication of guilt on count two with a concurrent term of one…