Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Thomas F. Neville, District Judge.
The opinion of the court was delivered by: Lansing, Judge
2012 Unpublished Opinion No. 772
THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY
Order denying motion to amend judgment, affirmed.
Edward Herbert Hoid appeals from his conviction for drawing a check with insufficient funds. Hoid asserts that the district court impermissibly reduced his credit for time served which, in effect, increased his sentence.
Hoid was charged with two counts of drawing a check with insufficient funds, Idaho Code § 18-3106(b), and was arrested on August 20, 2002. He pleaded guilty to one count, and the second count was dismissed. On October 28, the district court withheld judgment and placed Hoid on probation. As a condition of probation, the district court ordered Hoid to serve 180 days in jail but gave Hoid credit for 70 days of prior incarceration between August 20 and October 28.
On February 1, 2004, Hoid was arrested on allegations that he violated various conditions of his probation by failing to pay restitution, using a controlled substance, and absconding from supervision. At a probation violation hearing held on April 5, 2004, Hoid admitted the violations and the district court entered judgment and imposed a unified three-year sentence, but suspended the sentence and reinstated Hoid's probation with the condition that he serve an additional 120 days in jail. The following day, the district court issued a written order ("April 2004 order") stating, in part, "For record purposes only the defendant is entitled to credit for two hundred forty-four (244) days served prior to sentencing."
Hoid was arrested again on November 11 for absconding from supervision a second time. On December 13, at another probation violation hearing, Hoid admitted the violation and the district court revoked his probation, ordered the execution of the previously imposed sentence, and retained jurisdiction. The following day, the district court issued a written order ("December 2004 order") stating, in part, "For record purposes only, the defendant is entitled to credit for three hundred ninety (390) days served as of December 13, 2004." In June 2005, following a period of retained jurisdiction, the district court again suspended Hoid's sentence and placed him back on probation. Shortly thereafter, the court issued a written order ("June 2005 order") stating, in part, "For record purposes, the defendant is entitled to credit for five hundred seventy two (572) days served as of June 13, 2005."
On October 5, 2005, the court issued an arrest warrant based on allegations that Hoid had yet again absconded from supervision and committed numerous other probation violations. Hoid was arrested in Utah at some point between April 2 and April 15, 2011, and was extradited back to Idaho where he admitted to numerous probation violations, including absconding from supervision. The district court consequently revoked Hoid's probation and ordered the execution of the previously imposed sentence. On June 23, 2011, the district court issued a written order ("June 2011 order") stating, in part, that Hoid "shall receive credit for four hundred twenty-two (422) days served as of the 20th day of June, 2011."
Hoid thereafter filed a motion to amend the judgment, asserting that the district court erroneously calculated his credit for time served. The district court denied the motion, explaining why its June 2011 order did not give credit for all of the incarceration previously acknowledged:
This motion is hereby DENIED. This Court will give the Defendant only the credit for time served which the law requires. The Defendant is neither entitled nor deserving of additional credit for time served beyond that required by law. It is within this Court's discretion (in an exercise of its mercy) to grant credit for time served in addition to that required by law. This Court does more often than not, when it thinks it appropriate, grant additional credit for time served beyond that required by law in the situation in which a probationer submits to supervision by a probation officer and attempts to succeed on probation, but simply fails over time to make sufficient progress on probation for lack of ability or sufficient effort. When this Court does give additional credit for time, such additional credit is included in the final commitment order. For orders prior to a final commitment order, in addition to its own internal record keeping in the Court file, the Court will usually include language (in the order which reinstates a defendant on probation) to the effect: "For record purposes only, the defendant is entitled to __________ days credit for time served as of (date)." This Court has used this procedure for many years when reinstating a defendant on probation to keep track of the maximum credit for time served which it could give if and when it becomes appropriate at a later date under appropriate ...