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STATE v. FISHER

No. 02-706.

65 P.3d 223 (2003)

2003 MT 33

STATE of Montana, Plaintiff and Respondent, v. Michael D. FISHER, Defendant and Appellant.

Supreme Court of Montana.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Michael D. Fisher, pro se, Warm Springs, Montana, For Appellant.

Honorable Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana, Thomas R. Scott, County Attorney, Dillon, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Michael D. Fisher appeals from the sentence imposed by the District Court of the Fifth Judicial District, Beaverhead County. He contends that the sentence is illegal in that, contrary to the provisions of § 46-18-403, MCA, it does not credit his time spent in jail prior to conviction against the fine imposed by the court. We determine that there is merit to Fisher's appeal, and we reverse...

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