Bard v. Commonwealth
Annotate this CaseThis case presented the question of whether the Department of Corrections could correct an alleged error in the calculation of a presentencing custody credit after the calculation was incorporated into the court's final judgment. Defendant was found guilty but mentally ill of first-degree manslaughter and sentenced to twenty years' incarceration. Six years after a calculation of Defendant's presentencing custody credit was incorporated into the trial court's judgment, the Department modified Defendant's presentencing custody credit. The circuit court found that the Department had the authority to modify Defendant's presentencing custody credit. The court of appeals affirmed. The Supreme Court reversed, holding that the Department lacked the authority to modify the amount of presentencing custody credit awarded to Defendant in the trial court's sentence. Remanded.
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