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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