People v. Nealous

PIERCE, Judge.

Defendant, Calvin Roy Nealous, appeals from a denial of his Crim. P. 35(a) motion to correct an allegedly illegal sentence. We agree with defendant that the trial court was required to give him credit for the period he served in jail before being sentenced on the charge of attempted escape. Thus, we reverse the order and remand the cause for resentencing.

While serving a sentence at a community responsibility center on work release, defendant walked away from the facility, was captured, and was then held in the county jail on a charge of escape. He pled guilty to attempted…