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IN RE McPHEE

No. 226-81.

442 A.2d 1285 (1982)

In re Ronald McPHEE.

Supreme Court of Vermont.

February 2, 1982.

Attorney(s) appearing for the Case

Stephen W. Gould, Defender, Correctional Facilities, Montpelier, for petitioner.

James P. Mongeon, Rutland County State's Atty., and Jeff Kirsch, Law Clerk (on the brief), Rutland, for defendant.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

BARNEY, Chief Justice.

The State is appealing time credit awarded the defendant based on bail time allegedly spent in custody. In response to a petition by the defendant the lower court gave credit against a sentence of three to ten years for manslaughter for time spent at a residential alcohol treatment facility, amounting to about seven months.

The defendant was originally arraigned in January, 1978, on a charge...

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