from the District Court of the Seventh Judicial District of
the State of Idaho, Bingham County. Hon. Bruce L. Pickett,
order of the district court is reversed.
Blaser, Oleson & Lloyd, Chartered, Blackfoot, for
appellant. Michael A. Pope argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, for
respondent. Kenneth K. Jorgensen argued.
appeal arises from the district court's denial of a
motion to exonerate a cash deposit posted as bail. Dillon
Gibson was arrested for vehicular manslaughter and leaving
the scene of an accident. His mother, Judy Luis, posted a
cash deposit and a property bond that collectively enabled
Gibson's release on bail. After he pleaded guilty to
felony vehicular manslaughter, but before sentencing, Gibson
was alleged to have violated his conditions of release. He
was arrested on a bench warrant, remanded to custody, and
informed by the district court that additional bail would be
required and that the previous bail amount would not be
forfeited. Following sentencing, Luis moved for release of
the cash deposit, asserting that it should have been
exonerated when Gibson was remanded to custody. The district
court denied the motion and directed the clerk of the court
to apply the cash deposit against Gibson's fine, costs,
and restitution obligations pursuant to Idaho Code section
19-2908. Luis timely appealed. We reverse the district
court's order but deny Luis's request for
attorney's fees and costs.
FACTUAL AND PROCEDURAL BACKGROUND
drove drunk and crashed into a home, killing a resident. The
State charged Gibson with one felony count of vehicular
manslaughter and leaving the scene of an accident. Given
Gibson's prior record, the State initially requested a
bail amount of $500, 000, which the magistrate court granted.
The magistrate court later reduced the bail amount to $240,
000. Thereafter, Luis posted a cash deposit of $50, 000 and a
property bond for the remaining $190, 000, guaranteeing
Gibson's appearance in court when required. The
magistrate court accepted Luis's undertaking and entered
an order for Gibson's release on bail with conditions.
subsequently pleaded guilty to felony vehicular manslaughter,
and the State agreed to dismiss the other charges. About six
weeks later, before sentencing had occurred, the State moved
to revoke Gibson's release pursuant to Idaho Code section
19-2919, alleging that Gibson had admitted to violations of
his conditions of release by drinking alcohol and using
methamphetamine. The district court granted the State's
motion and ordered a warrant issued for Gibson's arrest.
was arrested pursuant to the warrant. The next day, the
magistrate court held a brief hearing where the court
informed Gibson that it was ordering additional bail in the
amount of $100, 000 and that the previously posted bail would
not be forfeited (the correct term is actually
"exonerated"; "forfeiture" of bail occurs
when the defendant has failed to appear as ordered). Gibson
was remanded to custody and remained there until his
month after he was remanded to custody, Gibson was sentenced
to serve a term of fifteen years with three years fixed. The
district court entered a judgment of conviction. Within the
judgment, Gibson was ordered to pay a fine of $1, 000 and
court costs of $275.50. The district court also ordered
exoneration of the property bond Luis posted, but declared
that the cash deposit would be retained until resolution of
the restitution issue.
and the State subsequently stipulated to a restitution amount
of $300, 000. The day the stipulation was filed, Luis,
through Gibson's counsel, moved for the
"release" of the cash deposit (again, it is called
"exoneration" under Idaho Code section 19-2905(8)).
The district court denied Luis's motion and ordered the
clerk of the court to apply the cash deposit against any
fines, court costs, and restitution pursuant to Idaho Code
section 19-2908. The district court later entered an order of
restitution consistent with the parties' stipulation.
Luis timely appealed.
STANDARD OF REVIEW
interpretation is a question of law over which the Court
exercises free review. State v. Boren, 156 ...