Opinion
DA 21-0133
06-07-2022
STATE OF MONTANA, Plaintiff and Appellee, v. CHARLES ANDREW DRURY, Defendant and Appellant.
ORDER
Pursuant to M. R. App. P. 16(5), the parties in this matter have stipulated and move for an order remanding this proceeding to the Nineteenth Judicial District Court, Lincoln County, and dismissing the remainder of this appeal with prejudice.
The parties agree that Appellant Charles Andrew Drury is entitled to credit for an additional five days of time he served while incarcerated on a probation hold. The parties further agree that Drury is also entitled to one day of credit for each day Drury served as a result of sanctions while on probation and that the District Court must determine how many days Drury served as the result of sanctions.
IT IS THEREFORE ORDERED that this case is REMANDED to the Nineteenth Judicial District Court for entry of an amended judgment and sentence. The court is directed to GRANT Defendant Charles Andrew Drury an additional five days' credit for time served. The court is further directed to set a HEARING to determine how many days of credit Drury is entitled to for time he spent incarcerated as a result of sanctions and to AWARD Drury one day credit for each day he spent incarcerated as a result of a sanction.
IT IS FURTHER ORDERED that the Clerk of the District Court shall send a certified copy of the District Court's second amended judgment to the Department of Corrections Records Department.
IT IS FURTHER ORDERED that the remainder of this appeal is DISMISSED WITH PREJUDICE.
The Clerk is directed to provide copies of this Order to all counsel of record, to the Clerk of Court for Lincoln County, and to the Honorable Matthew Cuffe, presiding District Judge