Mobley v. State

PARKER, Judge.

Vernon Norman Mobley challenges the sentence the trial court imposed following violations of community control and probation. Mobley also challenges the credit awarded him for previous time served in prison. We reverse, concluding that the trial court erred in imposing a habitual offender sentence upon revocation of probation when the court previously did not sentence Mobley as a habitual offender for the entire period of his split sentence. We further conclude that Mobley must receive credit for the time he actually served in prison.

In May 1990 Mobley pleaded guilty to…