State v. Tracy

¶1 Sheldon Tracy (Tracy), appeals from an order of the Eighth Judicial District Court, Cascade County, sentencing him to Montana State Prison (MSP) for ten years, with five years suspended. We reverse and remand for further proceedings.

¶2 We address the following issues on appeal:

¶3 1. Did the District Court err when it revoked Tracy’s ten-year suspended commitment to the Department of Corrections, and reimposed a sentence of ten years at the Montana State Prison, with five years suspended?

¶4 2. Did the District Court err in failing to give Tracy credit on the sentence in this case for time…