State v. Parks, DA 17-0497

• Docket Nº: DA 17-0497
• Citation: 450 P.3d 889, 2019 MT 252, 397 Mont. 408
• Case Date: October 22, 2019
• Court: United States State Supreme Court of Montana

397 Mont. 408
450 P.3d 889
2019 MT 252

STATE of Montana, Plaintiff and Appellee,
v.
Cory Scott PARKS, Defendant and Appellant.

DA 17-0497

Supreme Court of Montana.

Submitted on Briefs: July 17, 2019
Decided: October 22, 2019

For Appellant: Chad Wright, Appellate Defender, Deborah S. Smith, Assistant Appellate Defender, Helena, Montana

For Appellee: Timothy C. Fox, Montana Attorney General, Brad Fjeldheim, Assistant Attorney General, Helena, Montana, Ben H. Krakowka, Deer Lodge County Attorney, Anaconda, Montana

Justice James Jeremiah Shea delivered the Opinion of the Court.

450 P.3d 890

397 Mont. 409

¶1 Defendant Cory Scott Parks appeals the June 21, 2017 Sentence of the Third Judicial District Court, Anaconda-Deer Lodge County, crediting him with sixty-one days of time served.

¶2 We review the following issue on appeal:

Whether Parks was improperly denied credit for time served.

PROCEDURAL AND FACTUAL BACKGROUND¹

397 Mont. 410

¶3 On September 16, 2016, Parks was arrested in Deer Lodge County and later charged with Criminal Possession of Dangerous Drugs, a felony, in violation of § 45-9-102, MCA, and several misdemeanor charges. On November 16, 2016, Parks pled guilty to possession of dangerous drugs in Deer Lodge County, and the State dropped the misdemeanor charges pursuant to a plea agreement. After accepting his plea, the District Court released Parks on his own recognizance, subject to conditions. Parks served a total of sixty-one days (September 16, 2016 – November 16, 2016) in Deer Lodge County custody prior to his release.

¶4 On February 27, 2017, the Deer Lodge County Attorney filed a Verified Petition to Revoke Order of Release after Parks failed to appear for his presentence investigation interview. On February 28, 2017, the District Court revoked Parks’ release, issued a bench warrant for his arrest, and set bail at $50,000. On March 4, 2017, Parks was arrested for possession of dangerous drugs in Cascade County. That same day, Parks was served with the Deer Lodge County warrant. On March 8, 2017, Parks was charged with forgery in Silver Bow County Justice Court. On that same day, the Silver Bow County Justice Court filed an arrest warrant, set bail at $5,500, and served the warrant on Parks while he was detained in Cascade County. On May 30, 2017, the Cascade County District Court sentenced Parks on the possession of dangerous drugs charge and ordered his release. Parks was then transferred to the Silver Bow County Detention Center.

¶5 Parks’ Deer Lodge County sentencing hearing began on May 24, 2017 and was continued to June 21, 2017. At the hearing, Parks requested an additional 105 days credit for time served from March 4, 2017—when he was arrested in Cascade County and the Deer Lodge County bench warrant was served on him—through the day of his sentencing on June 21, 2017.² When pressed by the District Court, neither party could produce documents from the Cascade County case establishing how much time, if any, Parks was credited when he entered his plea on the Cascade County charge. Also, Parks’ counsel mistakenly informed the District Court that Parks had entered a plea on the Silver Bow County forgery charge when, in fact, that charge was

397 Mont. 411

still pending.

¶6 The District Court imposed a five-year commitment to the Department of Corrections (DOC) with two years suspended on the possession of dangerous drugs charge. The District Court gave Parks credit for the sixty-one days he was detained in the Deer Lodge County jail and denied his request for additional credit for time served while he was incarcerated in Cascade County and Silver Bow County. The District Court reasoned that the Cascade County custody was directly related to his possession of dangerous

450 P.3d 891

drugs charge in Cascade County and the Silver Bow County custody was directly related to the forgery charge. On appeal, Parks does not dispute that he is not entitled to credit for time served while in Cascade County custody. The sole issue before us is whether Parks should have been credited with twenty-two days served in Silver Bow County custody.

STANDARDS OF REVIEW

¶7 We review a criminal sentence of at least one year of actual incarceration for legality only. City of Bozeman v. Cantu , 2013 MT 40, ¶ 11, 369 Mont. 81, 296 P.3d 461 ; State v. Claassen , 2012 MT 313, ¶ 14, 367 Mont. 478, 291 P.3d 1176. The sentence is legal if it falls within the parameters set by applicable sentencing statutes and if the sentencing court adheres to the affirmative mandates of the applicable sentencing statutes. State v. Ariegwe , 2007 MT 204, ¶ 174, ...