Pennington v. State

DOWNEY, Chief Judge.

ON PETITION FOR REHEARING

Appellant was sentenced to three years probation with a special condition that she participate in a drug rehabilitation program as directed by her probation supervisor. Later, appellant violated her probation and was sentenced to five years imprisonment with credit for one hundred three (103) days time previously served. No credit was allowed appellant for the time spent in the drug rehabilitation program. The propriety of the court’s denial of her motion to vacate and set aside her sentence because of the failure to allow her credit for the time…