Balderston v. State

MOTZ, Judge.

The sole question presented in this appeal is whether voluntary home confinement, undertaken as a condition of probation, constitutes “custody” which must be considered for purposes of sentencing credit. Under the limited facts of this case, we hold that it does not. 1

Appellant, Ray Terry Balderston, pled guilty in the Circuit Court for Montgomery County (Messitte, J.) to driving while under the influence of alcohol. Appellant had four prior convictions for driving while intoxicated but had always been placed on probation and then resumed driving while intoxicated. Nevertheless,…