2013 Unpublished Opinion No. 675
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Daniel C. Hurlbutt, District Judge.
Jonnine Sittre, Emmett, pro se appellant.
Hon. Lawrence G. Wasden, Attorney General; William M. Loomis, Deputy Attorney General, Boise, for respondent.
Jonnine Sittre appeals the decision of the trial court granting summary judgment in favor of the Idaho Department of Correction Sentencing Specialist (IDOC). She seeks review of her credit for time served in light of a January 18, 2013, decision and argues that the trial court erred by failing to grant her credit for an additional thirty-four days she served in a Caribou County jail. We affirm.
Sittre is serving concurrent sentences in Bingham County Case No. CR-2008-1579 and Bannock County Case No. CR-2009-12496-FE. In the Bingham County case, Sittre was sentenced to an aggregate term of four years with two years fixed and two years indeterminate by Judge Simpson. That sentence was suspended and Sittre was placed on probation. On February 14, 2011, the court found that Sittre violated her probation and executed the underlying sentence but retained jurisdiction. At the time Sittre's probation was revoked, the court gave her credit for 479 days served. Thereafter, Sittre requested that the trial court relinquish jurisdiction so that she could complete programming, presumably programming relevant to her parole in the other case. Pursuant to her request, the court relinquished jurisdiction, permitting Sittre to serve the remainder of her sentence in prison.
In the Bannock County case, Sittre was sentenced to an aggregate term of four years with two years fixed and two years indeterminate by Judge Nye. This sentence was to run concurrently with the Bingham County sentence. That sentence was also suspended in favor of probation. On April 25, 2011, Sittre admitted that she violated the terms of her probation. On April 27, 2011, the court revoked her probation and executed the underlying sentence. In that case, the judge did not specify the amount of credit for time served but stated that Sittre should be "given credit for any time she has served in connection with this matter."
On February 17, 2012, Sittre filed a petition for a writ of habeas corpus. In her petition, Sittre primarily complained about her conditions of confinement and the lack of programming at the prison. Most of Sittre's claims were dismissed prior to service, and Sittre does not claim that the dismissal was erroneous. The portion of the petition which was not dismissed, and is the subject of this appeal, concerned credit for time served. Sittre claimed that her parole eligibility date was not properly calculated, that she was waiting for her credit for time served to be calculated in the Bannock County case, and that no court had accounted for a thirty-four-day period she served in a Caribou County jail. Similarly, in her amended petition, Sittre stated that she had a pending motion for credit for time served in the Bannock County case.
The State responded and moved for summary judgment as to the remaining issue, credit for time served. In her reply, Sittre made claims pertaining to both cases considered together and to each case considered individually. As to both cases considered together, Sittre had a single claim. She argued that both sentencing courts failed to account for a thirty-four-day period she served in a Caribou County jail.
As to the Bingham County case specifically, Sittre appeared to argue that IDOC made an arithmetic error. Sittre stated that the trial court gave her 479 days credit on February 14, 2011, toward a four-year sentence and argued that the properly calculated release date is not October 23, 2012, as IDOC calculated, but rather an unspecified day in August 2013.
As to the Bannock County case, Sittre's argument was not a model of clarity. She argued she was incarcerated from October 3, 2010, forward and should receive additional credit for time served. This argument appears to dispute the beginning date of her sentence. The IDOC record does not list the day on which Sittre was first incarcerated on this charge, but one can ...