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.

Wednesday, October 29, 2008

Jail time credit, 46-18-403(2)

DA 07-0120
IN THE SUPREME COURT OF THE STATE OF MONTANA
2008 MT 344
STATE OF MONTANA, v. RANDY ALLEN DENNISON,
1. Did the District Court exceed its sentencing authority by imposing conditions on Dennison’s parole?
2. Did the District Court err by imposing a total fine of $28,850 against Dennison?
Pursuant to § 46-18-403(2), MCA, a person may be granted credit on a fine for each day of incarceration prior to conviction, except that the amount credited may not exceed the amount of the fine. Here, neither the $27,750 credit given by the District Court nor the 555 days of time served at $50 per day upon which it was based is challenged on appeal.
¶22 Remanded with instructions that the District Court enter an amended judgment deleting all reference to conditions of parole and reinstating its 2006 total fine of $9,200, less credit for time served, for a net fine of $0.

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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