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State v. Barrett

Supreme Court of Idaho

March 26, 2018

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

         2018 Opinion No. 26

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

         The decision of the district court is affirmed.

          Eric 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.

          BRODY, Justice.

         We are 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 court's decision.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         On May 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.

         On July 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.

         Barrett 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.

         Thereafter, 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.

         II. STANDARD OF REVIEW

         "In 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 ...


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