State v. Hopkins
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At issue in this case was whether Probationer was entitled to jail time credit toward a sentence for the time she spent in a residential drug abuse treatment facility when her sojourn had not been ordered as a condition of probation in the case where that prison sentence had been imposed. Probationer was statutorily required, and ordered as a condition of probation, to complete drug abuse treatment in the case involving a conviction for cocaine possession. But drug treatment was not statutorily required, or ordered as a condition of probation, in the case where her convictions concerned nondrug offenses. Probationer failed to complete her mandatory drug treatment, and the district court revoked her probation in both cases. The court of appeals affirmed. The Supreme Court reversed, holding that the district court should have awarded Probationer jail time credit toward her nondrug offense case's sentence for her time spent in drug abuse treatment. Although the treatment was ordered only as a condition of probation in Probationer's cocaine possession case, there was no statutory requirement that the time spent in such treatment be ordered in the same case in which the jail time credit was sought. Remanded.
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