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MOSELEY v. STATE7/5/2002
Ark. 364, 64 S.W.3d 706 (2002) (per curiam). That is certainly the situation with respect to the two statutes at issue.
Accordingly, the fact that Moseley was sentenced to ninety days in the county jail with ninety days credit as a period of confinement in the trial court's original order of probation does not preclude the court's order of six years' imprisonment following the State's second petition for revocation and a finding of guilt for violating his probation. The original ninety-day sentence to the county jail was merely a condition of the order placing him on probation under § 5-4-304. It had nothing to do with the sentence imposed on him at the revocation hearing of June 22, 2001, for violating his probation. Finally, § 5-4-304(e) specifically contemplates giving credit for time spent in confinement against a term of imprisonment, following a revocation of probation. Hence, Moseley's argument fails, and § 5-4-304(c) relating to periods of confinement is not controlling.
Affirmed.
Imber, J., not participating.
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