Hiltner v. State
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The Supreme Court affirmed the judgment of the district court denying Defendant's motion to correct illegal sentence, holding that the district court did not err by not awarding sentencing credit for time spent on probation and for time spent in substance abuse treatment as a condition of probation.
Defendant pled guilty to felony driving under the influence. The district court suspended Defendant's suspended in favor of probation. The court later revoked Defendant's probation for violations of conditions of probation. Less than one year later, the court again revoked Defendant's probation. Defendant subsequently filed a letter that the district court construed as a motion to correct an illegal sentence, requesting credit for time spent in an inpatient treatment facility. The district court denied the request. The Supreme Court affirmed, holding that, under established precedent, the district court did not err in finding that Defendant was not entitled to credit for the time he participated in his treatment program.
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