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State v. Keeton

Supreme Court of Idaho

October 7, 2019

STATE OF IDAHO, Plaintiff-Respondent,
v.
JESSE A. KEETON, Defendant-Appellant.

          Appeal from the District Court of the Sixth Judicial District of the State of Idaho, Bannock County. Stephen S. Dunn, District Judge.

         The district court's order is reversed and the case is remanded.

          Eric 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.

          BRODY, JUSTICE.

         I. NATURE OF THE CASE

         Jesse 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.

         II. FACTUAL AND PROCEDURAL BACKGROUND

         Keeton 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.

         During 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 prejudice.

         On May 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.

         On 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 officer.

         Keeton 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.

         III. ...


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