Ashba v. State

ON PETITION TO TRANSFER

Appellant Ernest B. Ashba, Ir., was sentenced to six years in prison for burglary. The trial court suspended four years of the sentence and placed him on probation. Eventually, the Department of Correction paroled Ashba, who committed another offense while on parole. The Department revoked his parole and ordered him to serve 180 days in prison. The trial court then revoked his probation and ordered an additional 180 days executed.

The Court of Appeals held that the trial court was authorized to revoke Ashba's probation while he was at the Department of Correction serving…