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State v. Brand

Supreme Court of Idaho

May 31, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
STERLING GENE BRAND, Defendant-Appellant. STATE OF IDAHO, Plaintiff-Respondent,
v.
JOSHUA MICHAEL NALL, Defendant-Appellant.

         2017 Opinion No. 53

         Appeal 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.

         The orders of the district court are reversed, and these cases are remanded to the district court.

          Eric D. Fredericksen, Idaho State Appellate Public Defender, Boise, attorney for appellants. Jenevieve Swinford argued.

          Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, attorney for respondent. Kenneth K. Jorgensen argued.

          BURDICK, Chief Justice.

         In this 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 court.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. State v. Brand

         On 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.

         On May 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.

         B. State v. Nall

         On July 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 charges.

         The 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 ...


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