A process and apparatus for timing occurs in a timing discriminator that is part of a time tracking loop. The timing discrimination that prevents Rake finger merging. The process for timing discrimination discriminator is coupled to an input signal. The process begins by gathering early, ontime, and late samples of the input signal. Early, Ontime, and Late parameters are then derived in response to the samples. The timing discriminator output is generated in response to a predetermined relationship between the Early, Ontime, and Late parameters. The process and apparatus enables Rake fingers to freely track their paths. This improves the receiver performance.