State v. Lutz

TYSON, Judge.

William S. Lutz (“defendant”) appeals from judgment entered denying his motion for credit against his active sentence. We reverse and remand for resentencing.

I. Background

On 24 March 2004, defendant pled guilty to four counts of forgery and one count of embezzlement. Defendant was sentenced to a term of a minimum of eight months and a maximum of ten months imprisonment, consistent with the plea agreement. The trial court suspended defendant’s sentence and placed him on thirty-six months supervised probation. Defendant was ordered to attend a substance abuse program…