Opinion
No. 20170274
01-22-2018
STATE of North Dakota, Plaintiff and Appellee v. Steven Duane EVANS, Defendant and Appellant
Julie A. Lawyer, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee. Steven D. Evans, defendant and appellant; submitted on brief.
Julie A. Lawyer, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.
Steven D. Evans, defendant and appellant; submitted on brief.
Per Curiam.
[¶ 1] Steven Evans appeals from a district court's order denying his motion for recalculation of credit for time served. Evans argues he is entitled to an additional 379 days credit for time served, the time between the date of his arrest, until the date he was sentenced. During this same period, Evans' probation on an unrelated case was revoked and he was resentenced to a period of incarceration. We summarily affirm under N.D.R.App.P. 35.1(a)(7), concluding Evans is only entitled to credit for time served between the date he was arrested and the date he began serving time for his probation revocation. Gust v. State , 2006 ND 114, 714 N.W.2d 826 (concluding the defendant was properly credited time served from the date of the arrest until he began serving time for a parole revocation); State v. Eugene , 340 N.W.2d 18 (N.D. 1983) (concluding the defendant was only entitled to credit for time served from incarceration as a direct result of the immediate charge and not for time served as a result of probation revocation).
[¶ 2] Gerald W. VandeWalle, C.J.
Lisa Fair McEvers
Jon J. Jensen
Jerod E. Tufte
Daniel J. Crothers