State v. Amanda Renee Byrd

Summary

The Montana Supreme Court held that the written judgment improperly imposed $800 in appointed-counsel fees when the oral sentence required payment of $500, and remanded for correction. The court affirmed the denial of credit for time spent in a residential drug-treatment facility, concluding that Montana law limits incarceration credit to time served in a county detention center or state prison. The decision arose from Amanda Byrd’s conviction for fraudulently obtaining dangerous drugs.

Holdings

1. The oral sentence pronounced in the defendant's presence is the legally effective sentence and final judgment; therefore, the written judgment could not impose $800 when the oral pronouncement imposed $500.
2. Time spent in the Michelle's House residential treatment program did not constitute incarceration under Montana law, and Byrd was not entitled to credit for that time under § 46-18-403(1), MCA.

Questions Presented

1. Whether the written judgment could impose $800 in appointed public defender fees when the court orally pronounced a $500 defense-counsel fee.
2. Whether time spent in the Michelle's House residential treatment program constituted incarceration for which Byrd was entitled to credit under § 46-18-403(1), MCA.

Disposition

reversed_and_remanded