State v. ByrdAnnotate this Case
Defendant pleaded guilty to fraudulently obtaining dangerous drugs. The district court stayed sentencing until Defendant completed a twelve-month drug and alcohol addiction treatment program. After completing the treatment program, Defendant relapsed and was taken into custody. At sentencing, Defendant requested that the district court give her credit for the time she spent in the treatment program. The district court denied the request. The Supreme Court affirmed in part and reversed and remanded in part, holding that the district court (1) did not err in denying Defendant credit for time served in the residential treatment facility, as Defendant’s enrollment in the program was not the equivalent to incarceration; and (2) erred in its order as it pertained to Defendant’s payment of defense counsel fees, as the court’s oral pronouncement of sentence pertaining to the counsel fees conflicted with the corresponding provision in the written judgment.