Newnham v. StateAnnotate this Case
The Supreme Court affirmed Defendant's sentence imposed in connection with his plea of guilty to escape, holding that the district court properly found that Defendant was not entitled to any credit in this case.
Defendant pleaded guilty to escape, and the district court imposed a twenty to forty-month sentence to run consecutive to his underlying sentence. The district court ordered the 111 days Defendant spent in custody prior to his sentence on the escape charge to be credited to his underlying sentence for property destruction. On appeal, Defendant argued that his sentence was illegal because he had not received credit for the 111 days. The Supreme Court affirmed, holding (1) the district court properly credited the time Defendant served after his arrest in the escape case to the underlying property destruction case; and (2) a motion to correct an illegal sentence was not the proper method to challenge the Department of Corrections' administration of a sentence.