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Hutchins v. State

Trial court could not impose probation for the 60 days that defendant's confinement was shortened due to "good time" credit.

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Having pled guilty to driving under the influence, James Hutchins was sentenced to 12 months in the county jail, “provided, that after the service of 180 days in confinement, the balance shall be probated.” The sheriff awarded him 60 days credit for good time and released him following 120 days confinement. After serving probation for 185 days, Hutchins moved to have his sentence terminated, which the court denied on the ground that the 60 days of “good time” credit had to be served on probation. The question on appeal is whether a sentence which orders a defendant to serve part of the sentence in jail with the balance probated can require that “good time” credit resulting in an early release from confinement be served on probation. We hold it cannot and reverse.

1. The State’s complaints about the imprecise wording of Hutchins’ enumeration of error are without merit.1 The enumeration adequately describes the ruling appealed.

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