State v. Sutton

OPINION

JACOBSON, Chief Judge,

Division 1.

This appeal presents the limited issue of whether a criminal defendant must be given credit in sentencing for time spent in presentence incarceration where the sentence actually imposed gives as a maximum the statutory limit but the minimum sentence plus the presentence incarceration time does not equal the statutory limit.

Defendant Charles Sutton on June 17, 1971, pled guilty to attempted burglary, second degree. This crime carries a possible maximum sentence of 2i/¿ years. On July 1, 1971, imposition of sentence was suspended and the defendant was…