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BUSH v. STATE

No. CR 99-355.

2 S.W.3d 761 (1999)

338 Ark. 772

Henry Eugene BUSH v. STATE of Arkansas.

Supreme Court of Arkansas.

October 14, 1999.

Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender, and Jeffrey A. Weber, Deputy Public Defender, by: Deborah R. Sallings, Deputy Public Defender, Little Rock, for appellant.

Mark Pryor, Att'y Gen., by: Sandy Moll, Ass't Att'y Gen., Little Rock, for appellee.

ANNABELLE CLINTON IMBER, Justice.

Mr. Henry Eugene Bush was convicted of sexual assault in the first degree and sentenced to ten years' imprisonment. On appeal, Mr. Bush asserts that while awaiting trial he was "in custody" under an electronic monitoring program for a period of 325 days, and that the trial court erred when it refused to allow credit for that period against his ten-year sentence, pursuant to Ark.Code Ann. § 5-4-404 (Repl. 1997). We disagree and...

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