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State v. Hunter9/7/1999
ent on probation prior to the revocation. The appellant asserts that he should receive credit for a total of three (3) years, eleven (11) months and eighty-seven (87) days served on various probationary periods between revocation and reinstatements. According to his argument, his thirteen-year sentence should be reduced by that amount. We disagree.
The crux of the appellant's argument is that reinstating the original probationary term every time probation is revoked produces a result which is too harsh for some defendants. He contends that a sentence to be served on probation should be credited in the same manner in which sentences of incarceration are credited for time served in confinement. Otherwise, according to the appellant, all defendants could face potential lifetimes on probation regardless of the time actually served on probation.
This Court recently held that the time a defendant serves on probation is not counted toward the completion of his or her sentence unless a defendant successfully completes the entire term of probation. State v. Taylor, 992 S.W.2d 941 (Tenn. 1999); see also Young v. State, 539 S.W.2d 850, 855 (Tenn. Crim. App. 1976). To hold otherwise would allow a defendant to serve his or her probation sentence in increments of time chosen at the defendant's convenience. Furthermore, a probation sentence should not be credited in the same manner as a sentence of incarceration because it is not the equivalent of an incarceration sentence. Probation is a significantly less severe restraint of liberty than incarceration. A defendant should not be rewarded with a reduction on his or her sentence for abusing the opportunity to serve the sentence without being subjected to total confinement. We therefore hold that the appellant is not entitled to credit on his sentence for time served on probation prior to the revocation.
CONCLUSION
To summarize, we hold that at the Conclusion of a probation revocation hearing, a trial court can: (1) order incarceration; (2) cause execution of the judgment as it was originally entered; or (3) extend the remaining probationary period for a period not to exceed two years. We also hold that a defendant is not entitled to credit on his or her sentence for time served on probation unless the defendant successfully completes the entire probation term. The judgment of the Court of Criminal Appeals is affirmed.
Costs are to be assessed to the State of Tennessee.
WILLIAM M. BARKER, JUSTICE
CONCUR:
ANDERSON, C.J.
DROWOTA, BIRCH, HOLDER, J.J.
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