Jail time credit, illegal sentence

2003 MT 33
STATE OF MONTANA,v.
MICHAEL D. FISHER,
The issue presented for review is whether § 46-18-403, MCA, requires that a
sentencing court give a defendant credit for time incarcerated prior to conviction against both his jail sentence and any fine imposed.
We hold that a sentencing court has no discretion in applying § 46-18-403, MCA. It
must employ both subsections and give the defendant credit for each day of incarceration against both the sentence and any fine imposed. Once a valid sentence has been pronounced, the sentencing court has no jurisdiction to modify it except to correct factual errors. Section 46-18-116(3), MCA; Brown v. State, 2002 MT 209N, . However, a sentence which does not comply with Montana statutory law is illegal and must be addressed in the manner provided by law for appeal and postconviction relief. Section 46-18-116(3), MCA.
As we did in Layzell, we reverse and remand for resentencing in accordance with
this opinion.