State v. Hornstein

¶ 1 Charles Lee Hornstein V, self-represented, appeals from an order entered by the Fourth Judicial District Court, Missoula County, denying his motion for credit to his sentence for time served. We reverse and remand.

¶2 The sole issue on appeal is whether the District Court erred in denying Hornstein’s motion for credit for time served.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On September 26,2008, at the Southgate Mall in Missoula, a mall employee recognized Hornstein as a previous shoplifter and notified mall security. A security officer responded to the call and found Hornstein in the parking…