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State v. Moore

Court of Appeals of Idaho

February 5, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
ALBERT RAY MOORE, Defendant-Appellant

2014 Opinion No. 8

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Melissa Moody, District Judge.

Order granting motion for credit for time served, affirmed.

Deborah Whipple of Nevin, Benjamin, McKay & Bartlett, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

MELANSON, Judge. Chief Judge GUTIERREZ and Judge GRATTON, CONCUR.

OPINION

Page 502

[156 Idaho 18] MELANSON, Judge

Albert Ray Moore appeals the district court's order granting his motion for credit for time served. Specifically, Moore alleges that the district court violated his right to due process in calculating his credit for time served because, in doing so, it acted as prosecutor. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

This is Moore's fourth direct appeal in this matter.[1] In September 2006, Moore was charged with driving under the influence (DUI). I.C. § 18-8004. The charge was enhanced to a felony based on his two prior felony DUI convictions within the last ten years. I.C. § 18-8005(6). One of the convictions was for DUI in North Dakota. In April 2007, Moore was again charged with DUI, which was enhanced to a felony based on the same two prior DUIs.

Moore entered an Alford[2] plea to the September 2006 felony DUI, preserving his right to appeal, among other things, the issue of whether the North Dakota conviction was a substantially conforming foreign DUI conviction.[3] He went to trial for the April 2007 felony DUI and a jury found him guilty. Moore was sentenced to concurrent unified terms of six years, with minimum periods of confinement of one ...


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