State v. Beer
| Decision Date | 02 July 1976 |
| Docket Number | No. 11535,11535 |
| Citation | 551 P.2d 971,97 Idaho 684 |
| Parties | The STATE of Idaho, Plaintiff-Respondent, v. Michael Leslie BEER, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Michael Leslie Beer, pro se.
Wayne L. Kidwell, Atty. Gen., Gordon S. Nielson, Senior Deputy Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Ronald D. Bruce, Asst. Atty. Gen., Boise, for plaintiff-respondent.
Defendant-appellant was convicted of voluntary manslaughter in October of 1971 and sentenced to a term not to exceed ten years.
He appeals from an order denying his pro se motion seeking credit against the sentence for 245 days served in 'pre-trial confinement,' which the trial court in its order spoke of as 'a motion for credit for county jail time' and denied on the ground that I.C. § 18-309, as amended, and reenacted effective April 1, 1972, could not be retroactively applied to appellant. State v. Waller, 97 Idaho 377, 544 P.2d 1147 (1976), had not been handed down when the trial court denied the motion. Application of the holding in that case would ordinarily require reversal with directions to give credit for the pre-trial confinement.
In its brief the State calls to our attention that at the time of his arrest on the homicide charge appellant was already incarcerated under the terms of an Idaho burglary conviction and sentence, and also that the homicide was committed while appellant was out on parole. These facts, if such they be, are not found in the record, and...
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State v. Hoch
...pro se appearance in district court, wrote a very creditable and credible brief, citing and discussing the Waller case, State v. Beer, 97 Idaho 684, 551 P.2d 971 (1976), State v. Machen, 100 Idaho 167, 595 P.2d 316 (1979), and the earlier Idaho case of Freeman v. State, 87 Idaho 170, 392 P.......
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State v. Brown
...for which the sentence is imposed. Brand , 162 Idaho at 194, 395 P.3d at 814 (Brody, J. dissenting); see, e.g. , State v. Beer , 97 Idaho 684, 685, 551 P.2d 971, 972 (1976) ; State v. Vasquez , 142 Idaho 67, 68, 122 P.3d 1167, 1168 (Ct. App. 2005) ; State v. Brashier , 127 Idaho 730, 738, 9......