People v. Stewart

On September 6, 1972, defendant, Ricky Stewart, pleaded guilty to attempt armed robbery, and he was sentenced to 5 years’ probation conditioned on his serving the first year in the county jail. On February 14, 1977, defendant’s probation was revoked, and he was subsequently sentenced to a term of 12 to 14 years. He was given a sentence credit for time spent on probation only prior to July 1, 1974, the date upon which credit for probation became discretionary. The issues presented for review are whether defendant must be resentenced under the law in effect between January 1, 1973, and October…