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STATE v. HORNSTEIN

No. DA 09-0553.

229 P.3d 1206 (2010)

2010 MT 75

STATE of Montana, Plaintiff and Appellee, v. Charles Lee HORNSTEIN V, Defendant and Appellant.

Supreme Court of Montana.

Decided April 13, 2010.

Attorney(s) appearing for the Case

For Appellant: Charles Lee Hornstein V (self-represented litigant); Shelby, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Mardell Ployhar, Assistant Attorney General; Helena, Montana, Fred Van Valkenburg, Missoula County Attorney; Andrew W. Paul, Deputy County Attorney; Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Charles Lee Hornstein V, self-represented, appeals from an order entered by the Fourth Judicial District Court, Missoula County, denying his motion for credit to his sentence for time served. We reverse and remand.

¶ 2 The sole issue on appeal is whether the District Court erred in denying Hornstein's motion for credit for time served.

FACTUAL AND PROCEDURAL BACKGROUND

¶...

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