Question of whether court erred when it did not credit Plaintiff for all time spent incarcerated pending trial.

In 2007, the Plaintiff failed to stop at a red light and hit another vehicle causing significant injuries to the driver and 2 passengers who were riding in that vehicle. He was indicted for 1 count of 1st degree assault 2 counts of 2nd degree assault. He was incarcerated from 02/15/08 to 10/07/09. In March 2010, the State nolle prossed the charges. He was re-indicted for 3 counts of 2nd degree assault. He was arrested and was incarcerated from 09/25/10 to 05/03/11. He pled guilty to 2 counts of 2nd degree assault and 1 count of 3rd degree assault. Plaintiff was only given credit for time served pursuant to the 2nd indictment. Plaintiff appealed.

The Court determined that all time spent incarcerated under the original indictment should have been applied to Plaintiff’s conviction under the second indictment since his incarceration was a direct result of his criminal prosecution stemming from the July 2007 accident.

Judgment reversed.