State v. Clark, 2008 MT 112, 342 Mont. 461

Summary

The Montana Supreme Court affirmed Charles Ronald Clark's sentence for aggravated assault. The court held that his notices of appeal were timely, that Montana law did not require credit for time spent on house arrest while released on bond before trial, and that his challenge to bond conditions was not preserved for appellate review.

Holdings

1. Clark's notices of appeal were timely because the sixty-day appeal period began when the clerk filed and entered the judgment on March 27, 2007, not when the District Court signed the judgment on March 23, 2007.
2. The District Court did not impose an illegal sentence by denying credit for time Clark spent on house arrest while released on bond before trial.
3. The court declined to consider Clark's challenge to the bond conditions because he raised the issue for the first time on appeal.

Questions Presented

1. Whether Clark's notices of appeal were timely when filed within sixty days after the clerk entered the written judgment.
2. Whether the District Court imposed an illegal sentence by refusing to award credit for time spent on house arrest before conviction while Clark was released on bond.
3. Whether the District Court imposed unreasonable or unauthorized bond conditions.

Disposition

affirmed