Idaho v. KeetonAnnotate this Case
Jesse Keeton appealed a 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 argued Idaho Code section 18-309, the credit for time served statute, mandated an award of credit when a case involving the same offense was dismissed and later refiled. The Idaho Supreme Court agreed and reversed the district court.