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State v. Barrett

Court of Appeals of Idaho

October 25, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
JASON ROY BARRETT, Defendant-Appellant.

         2017 Opinion No. 53

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Samuel A. Hoagland, District Judge.

         Judgment of conviction, affirmed; order denying motion for credit for time served, reversed and case remanded.

          Eric D. Fredericksen, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

          GRATTON, CHIEF JUDGE.

         Jason Roy Barrett appeals from the district court's judgment of conviction and order denying motion for credit for time served.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         On May 15, 2015, Barrett was arrested and taken into custody for a parole violation related to a prior conviction. At the time of his arrest, Barrett was in possession of marijuana and methamphetamine. On June 8, 2015, an arrest warrant was issued relative to the new charges stemming from the possession. On July 24, 2015, while he was incarcerated due to the parole violation, Barrett was served with a "Hold Notice Request" indicating he was wanted by the Ada County Sheriff's office on the new charges. On September 9, 2015, Barrett was served with the arrest warrant for the new charges. Barrett pled guilty to possession of a controlled substance with the intent to deliver, Idaho Code § 37-2732(a). On January 21, 2016, the district court entered a judgment of conviction and imposed a sentence of ten years with three and one-half years determinate, to run concurrent to his prior sentence. Barrett was given credit for 135 days served in prejudgment incarceration for the period between service of the arrest warrant on September 9, 2015, and judgment on January 21, 2016. The district court denied Barrett's request for credit for the time between service of the Hold Notice Request and the service of the arrest warrant.

         Barrett later filed a pro se motion for credit for time served, again arguing that he should be awarded additional time served as he was incarcerated on the possession charge from the date of service of the Hold Notice Request. The district court denied the motion, finding that Barrett was not incarcerated on the instant offense until he was served with the arrest warrant on September 9, 2015. Barrett timely appeals.

         II.

         ANALYSIS

         Barrett argues that the district court abused its discretion at sentencing. Barrett further argues that the district court erred in denying him credit for ...


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