Opinion No. 1
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Lynn G. Norton, District
denying motion for credit for time served, affirmed.
D. Fredericksen, State Appellate Public Defender; Sally J.
Cooley, Deputy Appellate Public Defender, Boise, for
Lawrence G. Wasden, Attorney General; Jessica M. Lorello,
Deputy Attorney General, Boise, for respondent.
Dale Young appeals from the district court's order
denying his motion for credit for time served. Young argues
the district court erred when it denied his request for
credit for time served because the district court did not
give credit for prejudgment incarceration on each count. The
Idaho Supreme Court did not retroactively apply its
interpretation of Idaho Code § 18-309 in State v.
Owens, 158 Idaho 1, 343 P.3d 30 (2015) and Young's
case was not on direct review at the time the Owens
opinion was issued; therefore, we affirm the district
court's denial of Young's motion for credit for time
AND PROCEDURAL BACKGROUND
State charged Young with four counts of burglary and four
counts of grand theft in 2012. In exchange for the State
dismissing two burglary charges and two grand theft charges,
Young pleaded guilty to four felony offenses: (1) burglary,
I.C. § 18-1401; (2) grand theft, I.C. §§
18-2403(1), -2407(1)(b), and -2409; (3) burglary, I.C. §
18-1401; and (4) grand theft, I.C. §§ 18-2403(1),
-2407(1)(b), and -2409. For the first burglary charge, the
district court imposed a one-year determinate sentence. For
the first grand theft charge, Young received a unified
sentence of eight years, with one year determinate. On the
second burglary charge, the district court imposed a unified
sentence of nine years, with one year determinate. For the
second grand theft charge, Young received a two-year
determinate sentence. The district court ordered the
sentences to be served consecutively, for an aggregate
unified sentence of twenty years, with five years
determinate. At the time of judgment, the district court gave
Young ninety-four days credit for time served. Young never
appealed from the judgment of conviction; as such, his
conviction became final on April 18, 2013.
2015, Young filed a motion for credit for time served, asking
for credit for the time he spent in custody prior to the
entry of the judgment of conviction. Young argued he was held
on all four counts for ninety-four days, but received credit
on only one count. As a result, Young claimed he was owed an
additional 282 days of credit for time served. The district
court denied the motion. Young timely appeals.
exercise free review when the issue is whether the district
court properly applied the law governing credit for time
served. State v. Covert, 143 Idaho 169, 170, 139
P.3d 771, 772 (Ct. App. 2006). We defer to the trial
court's findings of fact "unless those findings are
unsupported by substantial and competent evidence in the
record and are therefore clearly erroneous."
Id. Whether the district court properly applied this
statutory provision to the facts in this case ...