State v. Speaks

Facts of Case

This case concerns whether or not credit should be allowed for time served before sentence by an accused in electronically monitored home detention. We conclude that the sentencing scheme established by the Legislature in the Sentencing Reform Act of 1981 (SRA) contemplates that such credit should be given. We reverse the trial court and the Court of Appeals and remand the case to the trial court for resentencing.

On April 12, 1989, the defendant, Troy Dean Speaks, was arraigned on a charge of child molestation in the first degree. Defense counsel requested that the defendant be…