DA 07-0449
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 375
STATE OF MONTANA, v. ROBERT ROY MILLIGAN,
Whether the District Court failed to credit Milligan with the full 215 days of incarceration before his sentencing.
A defendant’s sentence may be credited with the time he or she was incarcerated only if that incarceration was directly related to the offense for which the sentence is imposed. State v. Erickson, 2008 MT 50, ¶ 19, 341 Mont. 426, ¶ 19, 177 P.3d 1043, ¶ 19. Milligan’s
arrest in Idaho is directly related to the offenses his sentence imposed. Milligan is allowed full credit for time served.
We affirm in part, reverse in part, and remand for entry of an amended sentence consistent herewith.
Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment