Roberts v. State

CRIST, Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. We affirm.

Movant was convicted of the sale of a controlled substance. On May 4, 1984, he received a suspended imposition of sentence and five years’ probation. Movant’s probation was revoked on June 7, 1985, and he was sentenced to ten years’ imprisonment. The court did not grant movant credit for time spent on probation to decrease his ten-year sentence.

Movant, in his 27.26 action, asserts this failure to grant credit is a violation of the equal protection clause because the existing statutes…