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State v. Gulbranson5/13/2003
Submitted on Briefs: February 13, 2003
Kaare Douglas Gulbranson (Gulbranson) appeals from the judgment entered by the Eleventh Judicial District Court, Flathead County, on its order revoking his suspended sentences. We affirm.
The issue on appeal is whether the District Court abused its discretion by failing to give Gulbranson sufficient credit against his sentences for time served.
BACKGROUND
In February of 1999, Gulbranson pleaded guilty to two counts of felony driving under the influence of alcohol. He was sentenced to the Montana State Prison for terms of five years and one month--with four years suspended--on each count, with the terms to run concurrently. In November of 2000, the suspended portions of Gulbranson's sentences were revoked for failure to abide by the conditions of his probation. This revocation was subsequently invalidated and the State of Montana (State) initiated a new revocation proceeding in October of 2001 based on the same alleged violations as the earlier revocation. The District Court scheduled a hearing on the revocation petition for December 27, 2001.
Gulbranson was placed in the Flathead County Detention Center (Jail) pending the revocation hearing and bail was set in the amount of $250,000. Gulbranson subsequently moved the District Court to reduce the amount of bail. Following a hearing on the motion, the court reduced the bail amount to $10,000 on the condition, inter alia, that Gulbranson remain in his home at all times other than when at work, in court or meeting with his attorney. The court deemed this condition to be "informal house arrest," but stated it was not requiring that Gulbranson be electronically monitored while released on bail. Gulbranson posted bond and was released from custody pending the revocation hearing.
On March 28, 2002, the District Court held a hearing on the revocation petition. Gulbranson admitted, in part, the alleged violations of the conditions of his suspended sentences and the court revoked those sentences. The court sentenced Gulbranson to two concurrent four-year terms to the Department of Corrections (DOC), with the recommendation that he be placed in a six-month alcohol treatment program at the Montana State Hospital in Warm Springs, Montana. The court further ordered that, if Gulbranson successfully completed the treatment program, the remainder of his sentences would be suspended, and credited the sentences with the time Gulbranson previously served at the MSP and in the Jail. The court did not give him credit for time served while released on bond pending the revocation hearing. Gulbranson appeals.
STANDARD OF REVIEW
We review a district court's sentence in a criminal case for legality only and will not disturb the sentence absent an abuse of discretion. State v. Johnson, 2002 MT 251, 12, 312 Mont. 164, 12, 58 P.3d 172, 12.
DISCUSSION
Did the District Court abuse its discretion by failing to give Gulbranson sufficient credit against his sentences for time served?
Gulbranson argues that the District Court abused its discretion by failing to credit his sentences with time served for the period he was released on bond before the revocation hearing. In support of his argument, he first cites §§ 46-18-403(1), MCA, which provides that
ny person incarcerated on a bailable offense and against whom a judgment of imprisonment is rendered must be allowed credit for each day of incarceration prior to or after conviction, except that the time allowed as a credit may not exceed the term of the prison sentence rendered.
Gulbranson appears to concede that h
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