Legal Opinion

State v. Allison

Montana Supreme Court

Decided September 2, 2008No. DA 07-0641Published

1Opinion of the CourtJustice Leaphart

¶1 After Stephen D. Allison (“Allison”) violated his probation, the District Court issued an order revoking his suspended sentence. Allison appeals the portion of the sentence denying him credit for time served prior to August 25, 2006. We affirm.

¶2 We restate the issue as follows:

¶3 Did the District Court err in refusing to credit Allison for the time he served in Oregon, following his arrest there and pending his return to Montana, the original sentencing state?

BACKGROUND

¶4 Allison was convicted of two counts of felony sexual assault in 1988 and sentenced to serve two consecutive…

2Cases cited2 opinions

  1. State v. ClarkMontana Supreme Court · 2008
  2. State v. HendersonMontana Supreme Court · 2008

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