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STATE v. MEGARD

No. 04-858.

134 P.3d 90 (2006)

2006 MT 84

332 Mont. 27

STATE of Montana, Plaintiff and Respondent, v. Kelly Dee MEGARD, Defendant and Appellant.

Supreme Court of Montana.

Decided April 25, 2006.

Attorney(s) appearing for the Case

For Appellant: Amy N. Guth, Attorney at Law, Libby, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Tammy Plubell, Assistant Attorney General, Helena, Montana, Bernard G. Cassidy, County Attorney; Robert Slomski, Deputy County Attorney, Libby, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Kelly Dee Megard (Megard) appeals from two nunc pro tunc judgments entered against him in the Nineteenth Judicial District Court, Lincoln County. These judgments reduced the number of days credit he received for prior incarceration after two of his suspended commitments to the Department of Corrections (DOC) were revoked. We vacate and remand with instructions to credit Megard for the number of...

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