Hutton v. State
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The Supreme Court affirmed in part and reversed and remanded in part the district court’s denial of Defendant’s motion to correct an illegal sentence, in which Defendant claimed that he had not received adequate credit for time spent in confinement, holding that there was an eleven-day shortfall in the total presentencing confinement credit due Defendant.
Specifically, the Court held (1) the district court did not err in denying Defendant credit for the nonresidential portion of his participation in a Volunteers of America program; but (2) the district court erred in failing to grant Defendant a total of 933 days of presentencing confinement credit.
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