Kincaid v. State

ON PETITION FOR TRANSFER

BOEHM, Justice.

The Court of Appeals concluded that double jeopardy required that time served on probation must be credited toward a new sentence of probation imposed for the same conviction after a defendant successfully petitions for post-conviction relief. We agree. Kincaid’s claim is also governed by Indiana Code section 35-50-1-5 and Post Conviction Rule 1(10), which require credit for time served by a successful post-conviction petitioner who is resen-tenced. However, because Kincaid did not appeal his sentence until after he violated the terms of his probation,…