State v. Waller
| Decision Date | 20 January 1976 |
| Docket Number | No. 11629,11629 |
| Citation | 544 P.2d 1147,97 Idaho 377 |
| Parties | The STATE of Idaho, Plaintiff-Respondent, v. James B. WALLER, Defendant-Appellant. |
| Court | Idaho Supreme Court |
James B. Waller, pro se.
Wayne L. Kidwell, Atty. Gen., Gordon S. Nielson, Senior Deputy Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.
Defendant-appellant was sentenced to life imprisonment for first degree murder on January 3, 1972. By motion filed pro se April 16, 1974, he asked the district court for credit on his sentence for the approximately six months he spent in the county jail prior to the imposition of sentence. 1 He appeals from the district court order denying his motion.
The method for computing the term of imprisonment is established by I.C. § 18-309. The original section made no provision for credit for presentence incarceration. 2 That section was repealed, however, effective January 1, 1972, shortly before appellant was sentenced. Subsequently, the legislature enacted the following statute, effective April 1, 1972:
3
By repealing the original section and subsequently enacting the amended section the legislature recognized the inequity of denying credit for presentence incarceration. Although the appellant here was sentenced shortly after the repeal and shortly before the reenactment which provided credit for incarceration before judgment, we agree with the Alaska Supreme Court that fairness dictates that the credit be given to him. Thompson v. State, 496 P.2d 651 (Alaska 1972). See also Ham v. State of North Carolina, 471 F.2d 406 (4th Cir. 1973); People v. Jones, 176 Colo. 61, 489 P.2d 596 (1971). Consequently, we reverse the order of the district court and remand for resentencing to give defendant credit for the time he spent in the county jail from July 6, 1971 to the time that...
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State v. Hoch
...court is affirmed. BAKES, C. J., and McFADDEN and DONALDSON, JJ., concur. BISTLINE, Justice, dissenting. I. In State v. Waller, 97 Idaho 377, 544 P.2d 1147 (1976), this Court first gave its consideration to I.C. § 18-309, which had been amended in 1972 and again in 1975, bringing it to its ......
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Law v. Rasmussen
...include time he has already paid. This is so as a matter of fairness, and it is what the legislature intended. See, State v. Waller, 97 Idaho 377, 544 P.2d 1147 (1946); State v. Hoch, 102 Idaho 351, 630 P.2d 143 Because petitioner was given maximum sentences of five years for each offense, ......
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State v. Beer
...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 r......