Concurrent Awaiting Trial Sentence Calculations

The Rhode Island Supreme Court recently decided on appeal that the defendant was entitled to the time he was awaiting trial to be credited to his sentence.  Allen Wray was sentenced to a drug case and imposition of the sentence was suspended.  In January of 2006 he was arrested on a robbery case.  He was immediately noticed as a violator of previously imposed sentenced.  In April of 2006 he was adjudged a violator and the suspension of the sentence was lifted.  In 2009 Allen Wray was convicted on the robbery charge.  The Court indicated that his sentence was to commence on that date in April 2009 and to run concurrent with his current sentence for the drug case.  Allen Wray argued that he was not afforded full credit for his time served awaiting trial and sentence.  The Supreme Court agreed in part and denied in part.  The Court indicated that the period from January 30, 2006 until April 12, 2006, should have been credited towards his robbery sentence.  The Court found its reasoning within the statute.  Allen Wray was awaiting sentence during this period, and although he received credit for this period towards his drug case, he was not sentenced until April 2009.  See full opinion at: State v. Allen Wray