February 3, 2009
STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
CHRISTOPHER VICK, DEFENDANT AND APPELLANT
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.
[¶1] Christopher Vick appeals a district court second amended judgment denying his motion for credit for time spent in custody. Vick pled guilty to burglary (Count I) and felonious restraint (Count II). He was sentenced to eight years in prison with four years suspended on Count I and five years with two years suspended on Count II. The district court ordered that the sentences run concurrently. Vick was placed on probation after serving four years in jail on Count I, but after violating his conditions of probation, he was arrested, remaining in custody until posting bond. After his probation was revoked, the district court ordered he be given credit for time spent in custody from his arrest until bond was posted, but denied Vick's motion for credit for an additional one year spent in prison on Count I to the time served on Count II. Concluding the district court did not clearly err in denying Vick's motion, we summarily affirm the district court's second amended judgment under N.D.R.App.P. 35.1(a)(2).
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
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