State v. Banks

BISTLINE, Justice.

Dwayne Banks appeals from the district court’s denial of his I.C.R. 35 motion. Banks contends the district court did not properly credit him for time served on his sentence. We hold that Banks is entitled to credit for all time served prior to being placed on probation, but is not entitled to the time served after being placed on probation which was imposed as a condition of probation. Accordingly, we reverse in part, affirm in part and remand with directions.

I

Banks was convicted of statutory rape and sentenced to an indeterminate five year sentence with the sentence…