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STATE v. DeWITT

No. DA 06-0103.

149 P.3d 549 (2006)

2006 MT 302

334 Mont. 474

STATE of Montana, Plaintiff and Respondent, v. Patrick B. DeWITT, Defendant and Appellant.

Supreme Court of Montana.

Decided November 22, 2006.

Attorney(s) appearing for the Case

For Appellant: Kevin E. Vainio, Attorney at Law, Butte, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Montana, Robert McCarthy, County Attorney; Brad Newman, Deputy County Attorney, Butte, Montana.

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

¶ 1 Patrick DeWitt, defendant and appellant, challenges the constitutionality and legality of the District Court's order revoking his suspended sentence. In particular, DeWitt alleges that the court failed to give him credit for time served. We uphold the court's sentence.

¶ 2 We restate the issue as follows:

¶ 3 Did the District Court fail to give DeWitt credit for 1,275...

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