[DOWNLOAD] "State v. Buys" by Court of Appeals of Idaho ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Buys
- Author : Court of Appeals of Idaho
- Release Date : January 05, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This appeal presents a question of first impression: does time served in confinement as a condition of probation when a trial court in a criminal case withholds judgment and places the defendant on probation, constitute ""incarceration prior to entry of judgment,"" for which a defendant is entitled to credit against a later-imposed sentence pursuant to I.C. § 18-309? After a period of probation on a withheld judgment, Jay A. Buys was convicted and sentenced to a period of incarceration in the custody of the State Board of Correction. He asserts that he is entitled to credit against his sentence for one year of incarceration served as a condition of probation when the trial court initially withheld judgment and for two subsequent periods spent in the county jail upon his arrest for probation violations. We conclude that Buys is entitled to credit for time served following one arrest for an alleged probation violation, but that he may not receive credit against his sentence for the period of incarceration that was served solely as a condition of his probation.