Palmer v. StateAnnotate this Case
Defendant pled guilty to three counts of second-degree sexual assault and was sentenced to three consecutive sentences of eight to sixteen years. The district court credited ninety-nine days of presentence confinement toward Defendant’s first sentence. Defendant later filed a motion to correct an illegal sentence, arguing that he should have been credited for time served against all three consecutive sentences. The district court denied the motion. The Supreme Court affirmed, holding (1) while res judicata would normally apply to bar Defendant’s motion, this was an appropriate case to consider the application of presentence confinement credit to consecutive sentences; (2) when consecutive sentences are ordered, the presentence credit for time served should be applied in such a way that the defendant receives credit against the total time of incarceration; and (3) Defendant’s aggregate sentence in this case was legal.