State v. Fishell

Summary

The Montana Supreme Court affirmed the denial of Rosita Iva Fishell’s motion to amend her sentence following revocation of probation. The court declined to consider her bond-hearing argument because it was raised for the first time on appeal. It held that the district court acted within its statutory discretion in granting credit for 58 days of jail time while denying credit for time served on probation.

Holdings

1. The Montana Supreme Court declined to review Fishell's argument that she was denied a timely bond hearing because she raised it for the first time on appeal.
2. The District Court did not abuse its discretion in granting credit for 58 days of jail time while declining to credit time spent on probation against Fishell's sentence.

Questions Presented

1. Whether Fishell preserved for appellate review her argument that she was denied a bond hearing within the time required by statute.
2. Whether the District Court abused its discretion by denying her motion to amend the sentence and by declining to credit elapsed probation time against her sentence.

Disposition

affirmed