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State v. Mace

Court of Appeals of Idaho

January 8, 2015

STATE OF IDAHO, Plaintiff-Respondent,
v.
MICHELLE ALECE MACE, Defendant-Appellant

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules

2015 Opinion No. 1

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

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.

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

OPINION

Page 603

LANSING, Judge

Michelle Alece Mace was convicted of malicious harassment and after periods of probation and a period of retained jurisdiction, her prison sentence was executed. In an amended order relinquishing jurisdiction, the district court granted credit against Mace's sentence for time she spent in county jail as a condition of probation. However, after Mace filed a motion seeking additional credit for time served, the district court withdrew the previously granted credit for incarceration that was imposed as a condition of probation. Mace appeals, contending that the district court thereby unlawfully increased her sentence.

I.

BACKGROUND

Mace pleaded guilty to malicious harassment in violation of Idaho Code § 18-7902. The district court withheld judgment and placed Mace on probation for five years. As a condition of that probation, Mace was required to serve 120 days in the county jail. Mace subsequently admitted that she violated her probation by committing a new offense, and the court consequently revoked the withheld judgment, entered a judgment of conviction, and imposed a unified sentence of five years with two years fixed. The court retained jurisdiction pursuant to I.C. § 19-2601(4) and ultimately suspended Mace's sentence and placed her back on probation.

A few months thereafter, the State reported several alleged probation violations. Mace admitted various violations, but the court reinstated her probation. Four months later, the State again alleged numerous violations, some of which Mace admitted. This time, in a June 23, 2011, order, the district court revoked Mace's probation and ordered execution of the previously pronounced sentence. The court specified that Mace would receive credit on her sentence for 401 days of incarceration prior to the revocation order. About two months later, ...


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