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State v. Young

Supreme Court of Idaho

November 29, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
COREY DALE YOUNG, Defendant-Appellant. STATE OF IDAHO, Plaintiff-Respondent,
v.
MARCO ANTONIO RIOS-LOPEZ, Defendant-Appellant.

         2017 Opinion No. 117

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

         District court order denying motion for credit for time served, affirmed.

          Eric D. Fredericksen, Idaho State Appellate Public Defender, Boise, for appellant. Sally Cooley, Deputy Appellate Public Defender argued.

          Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Russell J. Spencer, Deputy Attorney General argued.

          BURDICK, CHIEF JUSTICE.

         This consolidated appeal from the Ada and Blaine County district courts concerns credit for time served under Idaho Code section 18-309. Marco Antonio Rios-Lopez and Corey Dale Young (collectively, Appellants) seek credit for time served under the construction of section 18-309 pronounced in State v. Owens, 158 Idaho 1, 343 P.3d 30 (2015). The district courts denied Appellants' motions, and the Court of Appeals affirmed. This Court granted Appellants' timely petitions for review, and we now affirm the orders of the district courts.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. State v. Rios-Lopez

         In October 2001, Rios-Lopez was convicted of three counts of trafficking cocaine and three counts of failure to affix illegal drug tax stamps. On the three trafficking counts, the district court imposed a sentence of fourteen years, with seven years fixed. On the three drug tax stamps counts, the district court imposed a sentence of two years, with one year fixed. The district court ordered the sentences to run consecutively. The district court awarded 253 days of credit for time served under section 18-309 on the first trafficking count. Rios-Lopez timely appealed, "contending that there was error in the admission of evidence and prosecutorial misconduct during closing argument, and that the sentences are excessive, " but the Court of Appeals affirmed in an unpublished opinion in 2003. A remittitur was issued on October 29, 2003.

         Some fifteen years later, Rios-Lopez moved for additional credit for time served. He filed a pro se motion under Idaho Criminal Rule 35, seeking 253 days of credit on each of the remaining seven[1] counts, for an additional credit of 1, 771 days. Rios-Lopez argued he was entitled to that credit under the construction of section 18-309 pronounced in Owens, even though his judgment of conviction had become final before Owens was decided. The district court concluded Owens did not apply retroactively and denied the motion. The Court of Appeals affirmed, and this Court granted Rios-Lopez' timely petition for review.

         B. State v. Young

         In March 2013, Young was convicted of two counts of burglary and two counts of grand theft. On the first burglary count, the district court imposed a sentence of one year fixed. On the second burglary count, the district court imposed a sentence of nine years, with one year fixed. On the first grand theft count, the district court imposed a sentence of eight years, with one year fixed. On the second grand theft count, the district court imposed a sentence of two years, with one year fixed. The district court ordered the sentences to run consecutively. The district court awarded 94 days of credit for time served on the first burglary count. Young did not directly appeal his conviction or sentence within 42 days of the district court's judgment.

         In December 2015, Young moved for additional credit for time served. He filed a pro se motion under Idaho Criminal Rule 35, seeking 94 days of credit on each of the remaining three counts, for an additional credit of 282 days. Young argued he was entitled to that credit under Owens, even though his judgment of conviction had become final before Owens was decided. The district court concluded Owens did not apply ...


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