ORIGINAL 06/21/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0496

DA 20-0496 :LED JUN 2 1 2022 Bowen Greenwood STATE OF MONTANA, Clerk of Supreme Court State nf Montana

Plaintiff and Appellee, v. ORDER JONATHAN WILLIAM PRESLEY, Defendant and Appellant.

Appellant Jonathan William Presley appeals from the Judgment and Commitment of the First Judicial District Court, Lewis and Clark County, in its Case No. BDC 2019- 388. Presley argues the District Court erred by failing to give him credit for 372 days served.

The State has filed a Notice of Concession that this matter should be remanded to the District Court for the purpose of entering an amended sentence and judgment. Without agreeing with all of the arguments Presley has raised, the State agrees that in this case the District Court erred in failing to give Presley credit for 372 days served.

Based on Presley's opening brief and the State's concession, and good cause appearing, IT IS HEREBY ORDERED that this case is REMANDED to the First Judicial District Court, Lewis and Clark County, with instructions for the District Court to amend its Judgment and Commitment and replace the sentence reduction for time served of 31 days with 372 days.

The Clerk is directed to provide copies of this Order to all counsel of record and to presiding judge Honorable Mike McMahon.

Dated this ZI day of June, 2022.

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