People v. Henry

Opinion by

JUDGE LICHTENSTEIN

{1 Defendant, Gesere Q. Henry, appeals his sentence, arguing that the district court erred in denying him any, presentence confinement credit (PSCC). Because we conclude that the court misapprehended its authority under the PSCC statute, we reverse that portion of defendant's sentence and remand for the court to amend the mittimus as directed in this opinion.

I. Background

2 While on mandatory parole in another case, defendant was charged with numerous offenses in this case. He later pleaded guilty to an added count of attempted sexual assault on a child in exchange…