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We have a situation where the defendant was indicted by 1 indictment alleging 3 offenses that were committed as part of one criminal episode. Two of the offenses were TDCJ grade cases in which he was given probation. One offense was State Jail grade in which he was sent to State Jail. The probated judgments did not include incarceration as a term of the probation. At the revocation hearing the defense argues that because the state jail case was part of the same indictment the defendant is entitled to have his state jail time credited against the 5 year TDCJ sentence the judge is about to impose after finding that the defendant violated the terms of probation. Can anyone point me to a quick case that might give us guidance? | ||
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