Idaho v. OsbornAnnotate this Case
This case involved a question regarding the proper amount of credit for time served to which Christopher Osborn was entitled under Idaho Code section 19-2603, the statute governing rearrest for a probation violation. Osborn violated a no contact order twice, pleaded guilty to the misdemeanor charges, and was given consecutive sentences of 365 days in jail on each count. Both sentences were suspended and he was placed on probation for two years on each count to be served concurrently. He was later arrested for, and admitted to, violating the terms of his probation; he served 106 days in jail from the date of his arrest before admitting the violations. The magistrate court granted Osborn 106 days credit for time served against the first of his consecutive sentences. Osborn then filed a Rule 35 motion seeking credit for time served against both consecutive sentences. The magistrate court denied Osborn’s motion. Osborn appealed to the district court, and it reversed the magistrate court’s denial and granted Osborn credit for time served against both sentences. The State appealed, but finding no error in the district court’s calculation, the Idaho Supreme Court affirmed.