Gamble v. State

HOLLAND, Justice:

This is an appeal by the defendant-appellant, Wayne Gamble (“Gamble”), after he was found guilty and sentenced for a probation violation. Gamble contends that he was not properly credited with time he had already served at Level V incarceration, when he was sentenced to serve additional time at Level V after violating his probation. The record supports Gamble’s contention.

Original Sentence

In October 1995, Gamble wras arrested and indicted on two counts of Burglary in the Second Degree and Conspiracy in the Second Degree. In March 1996, Gamble pled guilty to two counts of…