State v. Ainsworth
Annotate this CaseAppellant pleaded guilty to simple assault. Appellant was sentenced to two years in the penitentiary - the maximum penalty - with no credit for time served. Appellant appealed, challenging the circuit court’s failure to give credit for time served and the constitutionality of his sentence. The Supreme Court affirmed, holding (1) the circuit court erred in failing to give credit for time served; and (2) Appellant’s sentence was not grossly disproportionate to the crime of simple assault and was thus constitutional under the Eighth Amendment. Remanded for correction of Appellant’s sentence to give credit for time served.
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