945 P.2d 417 | Kan. Ct. App. | 1997
Russell N. Bird was sentenced by the Kingman County District Court to serve a controlling sentence of 1 year and 2 months in the county jail for various offenses. After Bird began serving the sentence, he was transported to the Haskell and Seward County jails for disposition of detainers. The issue on appeal is whether Bird should have been given credit on this sentence for the time he spent in the Haskell County jail (10 days) and in the Seward County jail (132 days). The district court refused to grant any credit. It is undisputed that Bird has fully served his sentence if the district court erred in its ruling. We reverse and remand with directions that Bird be released forthwith from custody because he has served the entire sentence.
We hold that a sentence imposed is not tolled while detainers from other counties are being honored.
Reversed and remanded with directions that Bird be released from custody forthwith.