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State v. Denny

Court of Appeals of Idaho

September 24, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
JEFFREY ALAN DENNY, Defendant-Appellant

2014 Opinion No. 78.

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Lansing L. Haynes, District Judge.

Order denying motion for credit for time served, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, 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 LANSING, CONCUR.

OPINION

Page 63

[157 Idaho 218] MELANSON, Judge

Jeffrey Alan Denny appeals from the district court's order denying his motion for credit for time served. For the reasons set forth below, we affirm.

In June 2008, authorities in Idaho located a stolen vehicle that had been used in a robbery in Washington. Police observed Denny exiting the vehicle as they approached. After police contacted Denny and took him into custody, methamphetamine and drug paraphernalia were found in his pocket. Denny also admitted to taking the vehicle.

Denny was charged with possession of a controlled substance, I.C. § 37-2732(c)(1), and receiving or transferring a stolen vehicle, I.C. § 49-228. Pursuant to a plea agreement, Denny entered an Alford [1] plea to possession of a controlled substance and the state dismissed the remaining charge. The district court sentenced Denny to a unified term of seven years, with a minimum period of confinement of three years, and retained jurisdiction. At the end of the jurisdictional review period in April 2009, Denny was placed on probation for three years. He was released to the custody of the state of Washington pursuant to a governor's warrant relating to a charge of robbery. Denny was incarcerated in Washington until approximately July 2010, but failed to notify Idaho probation authorities of his release as required by the terms of his probation.

On October 3, 2011, Denny was arrested by Washington officials for being a felon in possession of a firearm.[2] Idaho filed a probation violation report a few days later alleging that Denny had committed several probation violations, including incurring the new charges in Washington. A bench warrant was issued, but because Denny was in custody in Washington, the warrant was not served on him until December 7, 2012. At a subsequent hearing for the probation violation, the state agreed to withdraw the allegation regarding the new charges in Washington and Denny admitted to the remaining allegations. The district court revoked Denny's probation and again retained jurisdiction. At the end of Denny's second review period, the district court relinquished jurisdiction and imposed the underlying sentence.

Denny filed a pro se motion for credit for time served, seeking credit for the time he was incarcerated between his original arrest and his release on probation. He also sought credit for the time he was incarcerated in Washington after the probation violation report was filed on October 7, 2011. The district court partially granted Denny's motion, awarding him 143 days for the time served between his original arrest on June 20, 2008, and his release to probation on April 13, 2009, and 136 days for the time served between the December 7, 2012, service of the bench warrant and imposition of his sentence on April 22, 2013. Denny filed another pro se motion for credit for time served, again requesting credit for the time spent incarcerated in Washington after the probation violation report was filed, which the district court denied on the basis that Denny was being held as the result of the Washington conviction, not the Idaho probation violation, during that time.[3]

Denny then filed a third motion for credit for time served with an accompanying affidavit, which is the subject of this appeal. Denny alleged that he had been notified of the Idaho warrant on October 11, 2011, and was " unable to gain release through ...


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