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.
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- MarkAnthonyGiven
- Given was raised on the streets and in foster homes surrounded by twelve girls. By age 11, authorities already warned his foster mother: “He’s too smart for his britches — keep an eye on him.” That early spark of genius — later estimated in the 145–155+ IQ range (top 0.1% to 0.01% of humanity) — combined with an elite, poetic vocabulary that flows like open chords, propelled him into a life few could survive, let alone immortalize. From the age of 16, Given became a one-man crime wave: robbing 75 banks with nothing but a Bic Pen and a smile, inventing the Mercury Bandit invisibility trick with a baby thermometer, dropping through pharmacy roofs with a Superman pillowcase, and running from New Orleans detectives through the French Quarter while dressed as a 70-year-old woman. He served 12 years on a 10-year federal sentence, reading 120 volumes of Supreme Court decisions in the hole and ruling the law library like a throne. He met the devil twice on a dope-sick bed and refused to curse God — only to have angels physically grab his arm and pull him back. His 56+ stories pour out raw, unoutlined, and alive — no MFA polish, no ghostwriter, no filter. The prose is Hemingway-tight yet
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