In Re McPhee

The State is appealing time credit awarded the defendant based on bail time allegedly spent in custody. In response to a petition by the defendant the lower court gave credit against a sentence of three to ten years for manslaughter for time spent at a residential alcohol treatment facility, amounting to about seven months.

The defendant was originally arraigned in January, 1978, on a charge of murder, and pled not guilty. After hearing, the court issued a pretrial release order setting bail át $50,000, to be secured by sufficient sureties or the deposit- of cash. The defendant was unable to…