State v. Walker (Signed Opinion)
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The Supreme Court affirmed the judgment of the circuit court denying Defendant's motion to correct illegal sentence, holding that the circuit court did not err in determining that defendants are not entitled to credit for time served on home incarceration where the home incarceration is a condition of probation.
Defendant was convicted of one count of grand larceny by false pretenses. Defendant was sentenced to a term of one to ten years in prison, suspended in favor of three years' probation. After Defendant's probation was revoked, he was sentenced to the underlying term of incarceration. Thereafter, Defendant filed a motion to correct illegal sentence, asserting that he should be credited for time served on home incarceration as part of his probation. The circuit court denied the motion. The Supreme Court affirmed, holding that Defendant was not entitled to credit for time served while on home incarceration where that home incarceration was imposed as a condition of probation rather than as an alternative sentence to another form of incarceration.
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