People v. Myles

SMITH, Judge.

Defendant, Edward Melville Myles, appeals from the trial court’s denial of a Crim.P. 35(a) motion in which he sought credit for presentence confinement time against a sentence to the Department of Corrections imposed upon his conviction of second degree burglary. We reverse and remand with directions.

On October 28, 1980, defendant was arrested in Idaho on second degree burglary charges arising in Colorado. He waived extradition and was returned to Colorado where he was incarcerated in the Rio Blan-co County jail. Defendant remained in jail for a total of 230 days. He pled guilty…