jail time credit for time served in another state

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.

DA 07-0017
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 371
MARTIN MARIANO BACA,, v. STATE OF MONTANA,
1. Did the trial court err in sentencing Baca for a felony PFMA offense instead of a misdemeanor PFMA?
In its response brief on appeal, the State reiterates its concession in the District Court that Baca’s 1999 conviction could not be used to enhance his current PFMA offense to a felony. The State also concedes that, in light of the circumstances of this case, the District Court erred in concluding that Baca’s 1997 South Dakota simple assault conviction should be considered a prior PFMA conviction under the § 45-5-206(3), MCA, enhancement
provisions.
Affirmed in part, reversed in part and remanded for resentencing on the PFMA conviction as a misdemeanor offense.