Opinion No. 1
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Jason D. Scott, District
denying Idaho Criminal Rule 35 motion and withdrawing credit
for time served, affirmed.
D. Fredericksen, State Appellate Public Defender; Andrea W.
Reynolds, Deputy Appellate Public Defender, Boise, for
Lawrence G. Wasden, Attorney General; Russell J. Spencer,
Deputy Attorney General, Boise, for respondent.
Brown appeals from the district court's order withdrawing
credit for time served. Brown argues the district court erred
when it denied his request for credit for time served because
the district court did not give credit for prejudgment
incarceration. For the reasons provided below, we affirm.
AND PROCEDURAL BACKGROUND
2009, the State charged Brown with one count of aggravated
battery. At the time, Brown was incarcerated for an unrelated
offense. Brown was arraigned and bond was set in early 2010.
Brown did not post bond and remained incarcerated. Pursuant
to Brown's guilty plea, the district court sentenced
Brown to a unified term of six years, with a minimum period
of confinement of two years. The district court ordered the
new sentence to run concurrent with Brown's existing
sentence. In addition, Brown received fifty-five days of
credit for time served for the period between setting bond
and Brown's sentencing in the present case. Judgment was
entered on May 26, 2010.
did not appeal his judgment of conviction. Rather, in June
2010, Brown filed an Idaho Criminal Rule 35 motion for
additional credit for time served, which was denied. In
August 2010, Brown filed another Rule 35 motion for reduction
of sentence, which was also denied. Brown timely appealed
this denial of his second Rule 35 motion. We affirmed the
district court's denial of Brown's second Rule 35
motion and issued a remittitur in July 2011. State v.
Brown, Docket No. 38147 (Ct. App. May 23, 2011).
December 2015, Brown filed a third Rule 35 motion for credit
for time served, asking for an additional forty-four days of
credit for the time he was incarcerated, representing the
time from his arraignment to his sentencing in the present
case. Brown argued that the recent Idaho Supreme
Court decision in State v. Owens, 158 Idaho 1, 343
P.3d 30 (2015) mandated that the plain meaning of the Idaho
Code § 18-309 required the court to award him credit for
the time he spent incarcerated from his arrest to his
sentencing, even though his incarceration during that period
was due to an unrelated offense. Initially, the parties
stipulated Brown was entitled to a total of ninety-nine days
of credit; however, following a hearing on the motion, the
district court denied Brown's request for additional
credit for time served and entered an order withdrawing the
credit previously granted. Brown timely appealed.
appeal, Brown filed a motion to stay until resolution of
petitions to the Idaho Supreme Court for review of this
Court's decisions in two other cases regarding the
interpretation of I.C. § 18-309. We granted Brown's
motion to stay. The Idaho Supreme Court granted the petitions
for review and consolidated the cases. In May 2017, the Idaho
Supreme Court ...