State v. Howard

OPINION

Judge ALLARD,

writing for the Court.

The State appeals an order by the superior court discharging Leonard J. Howard from probation and granting him a 12-month ered-it against his sentence based on a legal theory that was never litigated by the parties. On appeal, Howard concedes that the superi- or court's ruling was flawed, and he agrees that he is not entitled to the 12-month credit.

Howard argues, however, that he is entitled to discharge from his probation. He asserts that he is owed jail-time credit for time he spent in a halfway house and in residential treatment while he was on…