State v. Brand & Nall

395 P.3d 809, 162 Idaho 189
Idaho Supreme Court·Decided May 31, 2017·No. Docket 44221·Published·Cited by 19 cases

Opinions

BURDICK, Chief Justice.

In this consolidated appeal out of Ada County, we address credit for time served under Idaho Code section 18-309. Sterling G. Brand and Joshua M. Nall each pled guilty to their respective charges while they were already incarcerated due to unrelated charges. Brand and Nall then moved for credit for time served under section 18-309, requesting credit for the time spent incai'cerated after being served with the arrest warrants until judgments of conviction were entered, even though they were already incarcerated due to unrelated charges. The district court denied both motions, and the Idaho Court of Appeals affirmed. We granted Brand’s and Nall’s timely petitions for review, and we now reverse the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. State v. Brand

On November 4, 2014, while jailed in Ada County on a drug possession charge, Brand was served with an arrest warrant for a grand theft charge. On November 7, 2014, Brand was sentenced to seven years with two years fixed for the drug possession charge. On March 24, 2015, Brand pled guilty to the grand theft charge.

On May 12, 2015, the district court entered a judgment of conviction and commitment on the grand theft charge, sentencing Brand to an aggregate term of fourteen years with two years fixed and with the remaining twelve years to run concurrently with the sentence entered on the drug possession conviction. The district court gave Brand four days’ credit for time served. Brand moved for the credit to be increased to 190 days—calculated from when he was served with the grand theft arrest warrant on November 4, 2014, to when judgment for that conviction was entered on May 12, 2015. The district court denied the motion, explaining that “if you ai-e in custody on separate charges and then unrelated charges are filed and you’re in [191] custody, you don’t get credit for that time because you’re not being held on the new charges, you’re being held on the original charges.” Brand timely appeals.

B. State v. Nall

On July 23, 2013, while jailed in Ada County on a U.S. Marshals “no bond” hold related to charges in a federal ease, Nall was served with an arrest warrant for several state charges, including conspiracy to commit burglary and providing a firearm to a gang member. On August 22, 2013, Nall began serving a thirty-month sentence for the federal charges.

The U.S. Marshals “no bond” hold was converted to a detainer so that the State could pursue its charges against Nall. On February 26, 2014, Nall pled guilty to conspiracy to commit burglary and providing a firearm to a gang member. On June 3, 2014, the district court entered a judgment of conviction and commitment on the state charges, sentencing Nall to an aggregate term of ten years with two years fixed. That sentence was set to run concurrently with Nall’s federal sentence. In its judgment of conviction and commitment, the district court noted that “[i]f [Nall] does not receive credit for time served in Federal Custody, then [Nall] shall receive credit for three hundred sixteen (316) days served in prejudgment incarceration as provided by § 18-309, Idaho Code.” On July 22, 2014, the State received confirmation from federal authorities that Nall had received credit for time served in federal custody.

On November 3, 2014, the State filed a motion to clarify credit for time served. In that motion, the State pointed out that even though Nall had received credit for time served on his federal sentence, the Idaho Department of Corrections had still awarded credit for time served on his state sentence. As such, the State requested that Nall be awarded “zero (0) days of credit” on his state sentence. On July 16, 2015, the district court granted the State’s motion, concluding Nall was not entitled to any credit for time served on his state sentence. Nall timely appeals.

II. STANDARD OF REVIEW

When addressing a petition for review, this Court will give “ ‘serious consideration to the views of the Court of Appeals, but directly reviews the decision of the lower court.’ ” State v. Schall, 157 Idaho 488, 491, 337 P.3d 647, 650 (2014) (quoting State v. Oliver, 144 Idaho 722, 724, 170 P.3d 387, 389 (2007)).

III. ANALYSIS

Idaho Code section 18-309 governs credit for time served. It provides in relevant part as follows:

In computing the tern of imprisonment, the person against whom the judgment was entered shall receive credit in the judgment for any period of incarceration prior to entry of judgment, if such incarceration was for the offense or an included offense for which the judgment was entered.

I.C. § 18-309(1). This appeal concerns the meaning of the phrase “if such incarceration was for the offense or an included offense for which the judgment was entered.” Id. (emphasis added). The issue to be decided is whether this statutory language authorizes credit for time served where the relevant period of presentence incarceration is both initiated and maintained due to a prior, unrelated offense. This Court exercises free review over statutory interpretation because it is a question of law. Pocatello v. State, 145 Idaho 497, 500, 180 P.3d 1048, 1051 (2008). Statutory interpretation begins with the statute’s plain language. State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999). That language “is to be given its plain, obvious and rational meaning.” Id. If that language is clear and unambiguous, “the Court need merely apply the statute without engaging in any statutory construction.” Id.

We recently construed section 18-309 in State v. Owens, 158 Idaho 1, 343 P.3d 30 (2015). The defendant in Owens pled guilty to eight counts of issuing a check with insufficient funds. Id. at 2, 343 P.3d at 31. The district court sentenced him to fifteen months with six months fixed on each of the eight counts, which were set to run consecu-[192] lively. Id. The district court granted him credit for time served under section 18-309, but on just one of the eight counts. Id. at 2-3, 343 P.3d at 31-32. The defendant moved for reconsideration of that calculation, arguing he was entitled to credit for time served on each of the eight counts, but his motion was denied. Id. at 3, 343 P.3d at 32. The defendant timely appealed to this Court, raising the issue whether section 18-309 authorizes credit for prejudgment time served on each sentence for each count. Id. at 3-4, 343 P.3d at 32-33. We concluded it does and explained as follows:

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State v. Brand & Nall, 395 P.3d 809, 162 Idaho 189 (Idaho 2017).

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