Opinion No. 53
from the District Court of the Fourth Judicial District of
the State of Idaho, Ada County. Hon. Richard D. Greenwood and
Timothy L. Hansen, District Judges.
orders of the district court are reversed, and these
cases are remanded to the district court.
D. Fredericksen, Idaho State Appellate Public Defender,
Boise, attorney for appellants. Jenevieve Swinford argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, attorney
for respondent. Kenneth K. Jorgensen argued.
BURDICK, Chief Justice.
consolidated appeal out of Ada County, we address credit for
time served under Idaho Code section 18-309. Sterling G.
Brand and Joshua M. Nall each pled guilty to their respective
charges while they were already incarcerated due to unrelated
charges. Brand and Nall then moved for credit for time served
under section 18-309, requesting credit for the time spent
incarcerated after being served with the arrest warrants
until judgments of conviction were entered, even though they
were already incarcerated due to unrelated charges. The
district court denied both motions, and the Idaho Court of
Appeals affirmed. We granted Brand's and Nall's
timely petitions for review, and we now reverse the district
FACTUAL AND PROCEDURAL BACKGROUND
State v. Brand
November 4, 2014, while jailed in Ada County on a drug
possession charge, Brand was served with an arrest warrant
for a grand theft charge. On November 7, 2014, Brand was
sentenced to seven years with two years fixed for the drug
possession charge. On March 24, 2015, Brand pled guilty to
the grand theft charge.
12, 2015, the district court entered a judgment of conviction
and commitment on the grand theft charge, sentencing Brand to
an aggregate term of fourteen years with two years fixed and
with the remaining twelve years to run concurrently with the
sentence entered on the drug possession conviction. The
district court gave Brand four days' credit for time
served. Brand moved for the credit to be increased to 190
days-calculated from when he was served with the grand theft
arrest warrant on November 4, 2014, to when judgment for that
conviction was entered on May 12, 2015. The district court
denied the motion, explaining that "if you are in
custody on separate charges and then unrelated charges are
filed and you're in custody, you don't get credit for
that time because you're not being held on the new
charges, you're being held on the original charges."
Brand timely appeals.
State v. Nall
23, 2013, while jailed in Ada County on a U.S. Marshals
"no bond" hold related to charges in a federal
case, Nall was served with an arrest warrant for several
state charges, including conspiracy to commit burglary and
providing a firearm to a gang member. On August 22, 2013,
Nall began serving a thirty-month sentence for the federal
U.S. Marshals "no bond" hold was converted to a
detainer so that the State could pursue its charges against
Nall. On February 26, 2014, Nall pled guilty to conspiracy to
commit burglary and providing a firearm to a gang member. On
June 3, 2014, the district court entered a judgment of
conviction and commitment on the state charges, sentencing
Nall to an aggregate term of ten years with two years fixed.
That sentence was set to run concurrently with Nall's
federal sentence. In its judgment of conviction and
commitment, the district court noted that "[i]f [Nall]
does not receive credit for time served in Federal Custody,
then [Nall] shall receive credit for three hundred sixteen
(316) days served in prejudgment incarceration as ...