Archive | Credit for time served

RSS feed for this section

State v. Graves

State v. Graves, 2015 MT 262 (Sept. 1, 2015) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court erred by revoking Graves’ suspended sentence before it began; (2) whether Graves was required to sign his conditions of probation before he was subject to those conditions; (3) whether the district court erred in denying the admission of Graves’ out-of-state court records; (4) whether the district court could impose a sentence to the MSP when revoking a 1995 sentence to the DOC; (5) whether the district court erred by denying Graves credit for time served while incarcerated in Oregon after the revocation petition had been filed but before he was transferred to Montana.

Short Answer: (1) No; (2) no, as the reason he didn’t sign was that he escaped; (3) yes; (4) no; (5) yes.…

State v. Byrd

State v. Byrd, 2015 MT 20 (Jan. 27, 2015) (Cotter, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court erred in imposing $800 in public defender fees in the written judgment after imposing $500 in the oral pronouncement; and (2) whether the district court erred in denying Byrd credit for time served in a residential treatment facility.

Short Answer: (1) Yes, and (2) no.

Affirmed and reversed

Facts: Amanda Byrd was convicted of fraudulently obtaining dangerous drugs, a felony, in 2008. In January 2011 she was charged with a second offense of the same crime. In exchange for her guilty plea to a single count, the parties agreed to an 8-year sentence to the DOC, with 3 years suspended.…