He shouldn’t punished for the states mistake. At worst, he should serve the time he originally was sentenced to.
I was arrested for driving on a suspended license that they failed to suspend and I even renewed during the so called suspension.
The judge said he wasn’t going to punish me for someone else’s screw up and suspended it himself dropped the unlawful driving charge and sent me downstairs to pay the $120 reinstatement fee. My license was actually suspended for about 10 minutes.