State v. Fisher

¶1 Michael D. Fisher appeals from the sentence imposed by the District Court of the Fifth Judicial District, Beaverhead County. He contends that the sentence is illegal in that, contrary to the provisions of § 46-18-403, MCA, it does not credit his time spent in jail prior to conviction against the fine imposed by the court. We determine that there is merit to Fisher’s appeal, and we reverse and remand for new sentencing.

¶2 The issue presented for review is whether § 46-18-403, MCA, requires that a sentencing court give a defendant credit for time incarcerated prior to conviction against both…