NO. 94-580
IN THE SUPREME COURT OF THE STATE OF MONTANA
1995
JACK D. THOMAS,
Petitioner and Appellant,
v.
RICK DAY, Acting Administrator,
Department of Corrections and
Human Services, and MONTANA
TWENTIETH JUDICIAL DISTRICT,
Sanders County, Montana,
Respondents and Respondents.
APPEAL FROM: District Court of the Twentieth Judicial District,
In and for the County of Sanders,
The Honorable C.B. McNeil, Judge presiding.
COUNSEL OF RECORD:
For Appellant:
Jack D. Thomas, Billings, Montana, Pro Se
For Respondents:
Hon. Joseph P. Mazurek, Attorney General;
Barbara C. Harris, Ass't Attorney General,
Helena. Montana
4 1”;&
& Submitted on Briefs: June 20, 1995
July 17, 1995
Filed: JUL17 Decided:
The sole issue on appeal is whether the District Court abused
its discretion when it failed to give Thomas credit for time spent
on probation?
Section 46-18-201(3), MCA, provides that:
If any restrictions or conditions imposed under
subsection (1) (a) or (1) (b) are violated, the court shall
consider any elapsed time and either expressly allow part
or all of it as a credit against the sentence or reject
all or part as a credit and state its reasons in the
order.
In the instant case, the District Court expressly rejected Thomas'
probation time because of "Defendant's repeated and serious
violations of the terms and conditions of his probation." Section
46-18-201(3), MCA, gives the district court discretion to credit or
refuse time spent. The District Court properly exercised that
discretion. There is nothing in the record to suggest that the
District Court abused that discretion.
Thomas' arguments focus on the reasons he violated his parole.
His arguments are not convincing nor do they suggest any abuse of
discretion by the District Court.
Affirmed.
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
1988 Internal Operating Rules, this decision shall not be cited as
precedent and shall be published by its filing as a public document
with the Clerk of the Supreme Court and by a report of its result
to Montana Law Week, State Reporter, and West Publishing
Company.
We concur:
J ti'ces
/
4
July 17, 1995
CERTIFICATE OF SER-
I hereby certify that the following certified order was sent by United States mail, prepaid, to the
following named:
Jack D. Thomas
104 N. 31st St.
Billings, MT 59101
Hon. Joseph P. Mazurek, Attorney GeneraI
Barbara Harris, Assistant
Justice Bldg.
Helena, MT 59620
Robert Slomski
Sanders County Attorney
P.O. Box 519
Thompson Falls, MT 59873-0519
ED SMITH
CLERK OF THE SUPREME COURT
STATE OF MONTANA
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