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State v. Brown

Court of Appeals of Idaho

January 9, 2018

STATE OF IDAHO, Plaintiff-Respondent,
v.
JEREMY BROWN, Defendant-Appellant.

         2018 Opinion No. 1

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Jason D. Scott, District Judge.

         Order denying Idaho Criminal Rule 35 motion and withdrawing credit for time served, affirmed.

          Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant.

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

          GUTIERREZ, JUDGE

         Jeremy 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.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         In 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.

         Brown 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).

         In 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.[1] 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.

         Pending 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 ...


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