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State v. Young

Court of Appeals of Idaho

January 11, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
COREY DALE YOUNG, Defendant-Appellant.

         2017 Opinion No. 1

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge.

         Order denying motion for credit for time served, affirmed.

          Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.

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

          HUSKEY, Judge.

         Corey 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 served.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         The 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.

         In 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.

         II.

         STANDARD OF REVIEW

         We 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 ...


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