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State v. Hiatt

Court of Appeals of Idaho

April 25, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
MICHAEL ANTHONY HIATT, Defendant-Appellant.

         2017 Opinion No. 23

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Jason D. Scott, 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; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

          GUTIERREZ, Judge.

         Michael Anthony Hiatt appeals from the district court's order denying Hiatt's motion for credit for time served. He argues that the district court erred when it denied Hiatt's request for credit for time served as a condition of probation. For the reasons below, we affirm.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         In March 2010, Hiatt was found guilty of felony domestic assault, Idaho Code §§ 18-918(3)(b), 18-903(b). The district court imposed a unified five-year sentence, with a two-year determinate term, but after a period of retained jurisdiction, suspended the sentence and placed Hiatt on probation. One of the terms of Hiatt's probation was a suspended sixty-day jail term, which could be imposed at the discretion of his probation officer with the court's approval.

         On January 10, 2011, the district court approved fourteen days of discretionary jail time at the request of Hiatt's probation officer. On January 19, 2011, while still in custody serving the discretionary jail time, Hiatt was served with an arrest warrant for a reported probation violation. After this probation violation, and a subsequent violation in 2012, the district court continued Hiatt on probation. Hiatt later admitted to a third probation violation in 2013, at which point the district court entered an order revoking probation and ordering execution of the original sentence. At this time, the court calculated Hiatt's credit for time served as sixty-nine days in an order dated April 30, 2013. Hiatt filed an Idaho Criminal Rule 35 motion for a reduction of his sentence, which the district court denied. Hiatt then appealed that denial, which this Court affirmed. See State v. Hiatt, Docket No. 40990 (Ct. App. Mar. 14, 2014) (unpublished).

         While Hiatt's Rule 35 appeal was pending, he filed a motion for credit for time served. The district court granted Hiatt's motion, awarding him credit for 548 days served in an order dated August 9, 2013. The district court specifically declined to grant credit for the eight days served January 10-19, 2011, reasoning, "It is within the Court's discretion to grant or deny credit for time served as a term of probation. With respect to those eight (8) days, the Court declines to grant credit."

         In January 2016, Hiatt moved for credit for the time he served as a condition of probation. In asking for credit for the eight days he served in January 2011 at the discretion of his probation officer, Hiatt cited to amendments made in 2015 to the code provisions governing the calculation of credit for time served. The district court denied the motion, reasoning that the laws in effect in 2013, when Hiatt's sentence was ordered into execution, did not award defendants credit for time served as a condition of probation. Moreover, the 2015 statutory amendments did not apply retroactively to the court's 2013 order. Hiatt timely appeals.

         II. ANALYSIS

         Hiatt argues the district court erred when it denied Hiatt's motion seeking recalculation of credit for time served as a condition of probation. He maintains that he is entitled to credit for the eight days he ...


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