Simms v. State

Defendant challenges the sentence imposed upon revocation of probation.

Defendant was sentenced upon violation of community control to three years probation consecutive to a sentence of three and a half years state prison on a separate charge that was before the trial court at the same time. Defendant completed her prison term, but her probation was later revoked whereupon she was sentenced to a period of incarceration followed by probation.

The trial court denied defendant credit for the time she had served in prison. We reverse with instructions to the trial court to give defendant credit for…