State v. R. Keech

Summary

The Court held that Keech’s sentence imposed upon revocation was facially illegal because the Department of Corrections treated it as consecutive to a sentence that had merged with the original sentence, thereby extending the imprisonment term beyond the limits authorized for revocation. The Court declined to apply law-of-the-case or res judicata principles because justice does not permit a facially illegal sentence to stand, and it awarded the required credit for specified periods of incarceration. The Court reversed and remanded for amendment of the judgment to add 2,220 days of time-served credit; it denied credit for time spent in a court-ordered treatment facility.