from the District Court of the Sixth Judicial District of the
State of Idaho, Bannock County. Stephen S. Dunn, District
district court's order is reversed and the case is
D. Fredericksen, State Appellate Public Defender, Boise, for
appellant. Jenevieve C. Swinford argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, for
respondent. Kenneth K. Jorgensen argued.
NATURE OF THE CASE
A. Keeton appeals from the Bannock County district
court's order denying him credit for time served. In
2018, Keeton was in custody for thirty-two days following his
arrest for driving under the influence of alcohol. The
district court dismissed the case without prejudice because
the State made a charging error. A few weeks later, the State
refiled the case, charging Keeton with the same offense but
under a different case number. After Keeton was sentenced, he
requested credit for time served. The district court denied
his request because Keeton did not have a sentence imposed in
the dismissed case and he was not incarcerated before
judgment was entered in the refiled case. On appeal, Keeton
argues that Idaho Code section 18-309, the credit for time
served statute, mandates an award of credit when a case
involving the same offense is dismissed and later refiled. We
agree. The district court's decision is reversed.
FACTUAL AND PROCEDURAL BACKGROUND
was arrested for driving under the influence of alcohol on
January 20, 2018. The State filed a criminal complaint
charging Keeton with one felony count of driving under the
influence of alcohol, I.C. §§ 18-8004, -8005(6),
which requires proof of two prior DUI convictions within the
previous ten years. The complaint alleged that Keeton had
been convicted of DUI twice prior, on January 17, 2017, and
January 4, 2018, just two weeks before the offense at issue.
The case was assigned case number CR-2018-925-FE.
the preliminary hearing, the State offered proof of
Keeton's two prior DUIs. The State offered a judgment of
conviction dated January 17, 2017, for the first prior DUI
and a pretrial stipulation for a plea agreement dated January
4, 2018, for the second prior DUI. The 2017 judgment of
conviction was admitted into evidence without objection, but
the 2018 stipulation was objected to because "it is not
a certified copy of a judgment of conviction" or a
guilty plea. Accordingly, Keeton moved to dismiss the felony
DUI complaint. The district court subsequently granted
Keeton's motion and dismissed the complaint without
1, 2018, Keeton pleaded guilty to the second prior DUI. After
the plea, the State filed a new criminal complaint charging
Keeton, once again, for the January 20, 2018, felony DUI
offense. In the new complaint, the State changed the date of
the second prior DUI from January 4, 2018, to May 1, 2018, to
reflect the date when Keeton pleaded guilty. The case was
also assigned a new case number: CR-2018-6092-FE.
October 1, 2018, Keeton pleaded guilty to the felony DUI
offense at issue. At sentencing, Keeton requested credit for
the thirty-two days he spent in jail prior to the dismissal
of the first criminal complaint for the offense at issue.
Keeton argued that under Idaho Code section 18-309 he is
entitled to credit for time served because "he was
incarcerated for this DUI which occurred on January
20th." Keeton reasoned that "although it's not
the same case number, it is the same offense, under Idaho
Code Section 18-309, which requires that a person receive
credit for any period of incarceration prior to entry of
judgment, if such incarceration was for the offense."
The district court denied Keeton's request. The court
sentenced Keeton to four years of probation and ordered him
to serve thirty days in jail with twenty days suspended and
ten days to be served at the discretion of the probation
subsequently filed a Rule 35 motion to reconsider the denial
of his request for credit. The district court denied
Keeton's motion. The court held that section 18-309
"confers a right to credit 'if the presentence
incarceration was a consequence of or attributable to the
offense for which the sentence is imposed.'"
Keeton did not have a sentence imposed in case number
CR-2018-925-FE as it was dismissed, and Keeton was not
incarcerated before judgment was entered in case number
CR-2018-6092-FE. Therefore, "[a]s there was no time
spent on the case in which Keeton had a judgment entered or a
sentence imposed (this case), the Court will not grant
Keeton's request for credit for time served in his
previously dismissed Bannock County case,
CR-2018-925-FE." Keeton timely appealed.