Idaho v. Barrett

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In 2015, defendant-appellant Jason Barrett was arrested for a parole violation related to a prior conviction. At the time of his arrest, Barrett was in possession of drugs and drug paraphernalia. 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. Barrett later pleaded guilty to the felony charge for possession with intent to deliver; in turn, the State dismissed the misdemeanor charges. 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, the date a Hold Notice Request was served on him. The district court partially granted this request, awarding him credit starting on September 9, 2015, the date his 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. In so doing, the court affirmed the sentence, but reversed the district court’s denial of the motion, holding that Barrett should have been awarded credit for the 47 days. The State filed a petition for review, which the Idaho Supreme Court granted. After review, the Supreme Court held that absent authority establishing that the Hold Notice Request was a legal basis of incarceration or evidence showing that Barrett was actually held pursuant to the Hold Notice Request even without proper authority, Barrett was not entitled to the credit for time served. View "Idaho v. Barrett" on Justia Law