State v. Gaudina

The opinion of the court was delivered by

Luckert, J.:

This case raises the question of whether time spent in prison beyond the prison term can reduce the term of post-release supervision. The question arises after Robert Gaudina’s sentence was vacated on appeal and the prison term imposed on remand was for a shorter time than the time Gaudina had already served. Gaudina seeks to credit that excess period of imprisonment against the postrelease supervision portion of his sentence. We hold Gaudina is not entitled to have the prison time credited against the postrelease supervision time and…