ORIGINAL 10/25/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0477

DA 21-0477

STATE OF MONTANA, OCT 2 5 2022 Bowen Greenwood Plaintiff and Appellee, Clerk of Supreme Court State of Montana

v. ORDER LAURA LEE HALE, Defendant and Appellant.

Appellant Laura Lee Hale appeals from the Order Revoking Defendant's Sentence and Amended Judgment and Commitment of the First Judicial District Court, Lewis and Clark County, in its Case No. CDC 2017-505. Hale argues the District Court erred by failing to give her credit for time served in custody from March 19, 2021, to April 9, 2021.

The parties have filed a Stipulation, Motion to Dismiss Appeal with Prejudice, and Proposed Order for Remand requesting that this matter be remanded to the District Court for the purpose of entering an amended sentence and judgment. Without agreeing with all ofthe arguments Hale has raised, the State agrees that in this case the District Court erred in failing to give Hale credit for time served in custody from March 19, 2021, to April 9, 2021.

Good cause appearing, IT IS HEREBY ORDERED that this case is REMANDED to the First Judicial District Court, Lewis and Clark County, with itistructions for the District Court to amend its Judgment and Commitment to give Hale credit for time served in custody from March 19, 2021, to April 9, 2021.

IT IS FURTHER ORDERED that this matter is DISMISSED WITH PREJUDICE.

The Clerk is directed to provide copies of this Order to all counsel of record and to presiding judge Honorable Kathy Seeley. _~ Dated this Z-6 day of October, 2022.

Chief Justice