STATE v. BANKS

No. 18767.

826 P.2d 1320 (1992)

121 Idaho 608

STATE of Idaho, Plaintiff-Respondent, v. Dwayne N. BANKS, Defendant-Appellant,

Supreme Court of Idaho, Boise January 1992 Term.

March 4, 1992.


Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for defendant-appellant.

Larry EchoHawk, Atty. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent. Myrna A.I. Stahman argued.


BISTLINE, Justice.

Dwayne Banks appeals from the district court's denial of his I.C.R. 35 motion. Banks contends the district court did not properly credit him for time served on his sentence. We hold that Banks is entitled to credit for all time served prior to being placed on probation, but is not entitled to the time served after being placed on probation which was imposed as a condition of probation. Accordingly, we reverse in part, affirm in part and remand with...

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