State v. Kortan
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The Supreme Court reversed the order of the district court revoking Defendant's suspended sentence, committing him to the custody of the Montana Department of Corrections (DOC) for a three-year term, and giving him credit for elapsed time and previously-served jail time, holding that the district court issued an illegal sentence.
The order of the district court at issue revoked Defendant's suspended sentence, committed him to the custody of the DOC for three years, and gave him credit for 105 days of elapsed time and 181 days of previously-served jail time. Defendant appealed, arguing that the district court issued an illegal sentence when it failed to credit for time served on sentences that were ordered to run concurrent to his revocation sentence. The Supreme Court reversed and remanded with instructions to give Defendant credit for an additional 604 days of time served, holding that the district court imposed an illegal sentence when it failed to give Defendant credit for certain time served.
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