Idaho v. BrandAnnotate this Case
Idaho Code section 18-309’s plain language mandates credit for “any period of incarceration” where “such incarceration was for the offense or an included offense for which the judgment was entered.” The statute “does not limit that credit in any way.” In this consolidated appeal, Sterling Brand and Joshua 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 incarcerated 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. In Brand’s case, the district court stated that “if you are in custody on separate charges and then unrelated charges are filed and you’re in 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.” And in Nall’s case, the district court similarly stated “when [Nall] was served with the Ada County arrest warrant in this case, [Nall] was already being detained as a consequence of charges in the federal case. . . . [T]he Ada County warrant had no effect upon [Nall’s] liberty when he was already subject to confinement for the federal charges.” The Idaho Supreme Court found the district court erred in calculating Brand’s and Nall’s credit for time served, and remanded for further proceedings.