Opinion No. 26
from the District Court of the Fourth Judicial District of
the State of Idaho, Ada County. Honorable Samuel A. Hoagland,
decision of the district court is affirmed.
D. Fredericksen, State Appellate Public Defender, Boise, for
appellant. Elizabeth A. Allred argued.
Honorable Lawrence G. Wasden, Idaho Attorney General, Boise,
for respondent. Kenneth K. Jorgensen argued.
asked to consider whether Jason Roy Barrett is entitled to
credit for time served from the date he was served with a
hold notice while he was already incarcerated for a prior,
unrelated offense. Barrett appeals from the district
court's denial of that request. We affirm the district
FACTUAL AND PROCEDURAL BACKGROUND
13, 2015, Barrett was arrested by an Ada County sheriff's
deputy for a parole violation related to a prior conviction.
At the time of his arrest, Barrett was in possession of drugs
and drug paraphernalia. Thereafter, on June 8, 2015, while
Barrett was incarcerated following the parole violation, the
State filed a criminal complaint against Barrett charging him
with possession of a controlled substance (methamphetamine)
with the intent to deliver, possession of a controlled
substance (marijuana), possession of drug paraphernalia, and
resisting or obstructing an officer. On the same day, the
district court issued an arrest warrant for these offenses
after finding probable cause existed.
20, 2015, the Ada County Sheriff's Office sent an email
to the Idaho Department of Correction concerning the arrest
warrant against Barrett. Attached to the email was a one-page
document titled "Hold Notice Request." A few days
later an IDOC officer served Barrett with a copy of the Hold
Notice Request in prison. Barrett and the IDOC officer signed
the document. The officer's signature line showed him as
"DOC Official Serving Detainer." On September 9,
2015, Barrett was transported from the penitentiary to the
district court for his initial appearance on the new
offenses, at which time he was served with the arrest
warrant. On October 19, 2015, the State filed an information
charging Barrett with a felony and three misdemeanors
stemming from the allegations set forth in the complaint.
later pleaded guilty to the felony charge for possession with
intent to deliver; in turn, the State dismissed the
misdemeanor charges. On January 21, 2016, the district court
imposed a sentence of ten years with three and one-half years
determinate, which was to run concurrently with his prior
sentence. In consideration of credit for time served, Barrett
requested credit starting on July 24, 2015, i.e., the date
the Hold Notice Request was served. The district court
partially granted this request, awarding him credit starting
on September 9, 2015, i.e., the date the arrest warrant was
served. This credit amounted to 135 days. Barrett's
subsequent motion for reconsideration of the sentence upon
leniency grounds was denied.
Barrett appealed his sentence. Prior to the hearing on
appeal, Barrett filed a pro se motion seeking reconsideration
of the time served ruling, and, specifically, requesting
credit for an additional 47 days for the span between July
24, 2015, and September 9, 2015. The district court denied
the motion. On appeal, the Court of Appeals considered both
the district court's sentence and the issue of credit for
time served. State v. Barrett, No. 43947, 2017 WL
4800125 (Ct. App. Oct. 25, 2017). In so doing, the court
affirmed the sentence, but reversed the district court's
denial of the motion, holding that Barrett should be awarded
credit for the 47 days. Id. The State filed a
petition for review, which we granted.
STANDARD OF REVIEW
cases that come before this Court on a petition for review of
a Court of Appeals decision, this Court gives serious
consideration to the views of the Court of Appeals, but
directly reviews the decision of the lower court."
State v. Garcia-Rodriguez, 162 Idaho 271, 274, 396
P.3d 700, 703 (2017) (quoting State v. Oliver, 144
Idaho 722, 724, 170 P.3d 387, 389 (2007)). "This Court
thus acts as if the case were on direct appeal from ...