Pre-sentence custody that cannot be declared as time served under a sentence should be reflected in the head sentence, not merely in an earlier parole eligibility date. A sentencing judge who adjusts only the parole date without reducing the head sentence may produce a manifestly excessive effective sentence.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.