Hi I was wondering if anyone had experience with this. My husband was accused of a crime over 10 yrs ago in the military and served time in the brig. Now over ten years later, he is in prison and part of his prison sentence is due to that military crime and now the state court gave him more time and a strike. Can they do that if he already served his time and if they can is it because the military is federal and now he's in the state system. I'm just gathering information to help him so if anyone has any info that would be great.

tlarjrswife,
It sounds like the state court used his prior conviction to enhance his sentence. Or, if he served time for the previous conviction and was released on probation, and was still on probation when he was arrested/convicted the second time, the court can sentence him to the unserved portion of the previous sentence as well as the sentence for the current offense. Whether they run concurrently or consecutively is up to the court. The fact that one jurisdiction is federal and the other state makes no real difference in sentencing. Hope this information helps. Hang in there!