Summary
The Idaho Supreme Court affirmed the revocation of Daniel William Leary's probation and imposition of his original sentence. The court held that 2015 amendments to Idaho Code sections 18-309 and 19-2603, concerning credit for time served as a condition of probation, did not apply retroactively because they contained no express declaration of retroactive effect.
Holdings
- The 2015 amendments to Idaho's credit statutes are not retroactive because they contain no express declaration or clear legislative intent that they apply to persons whose judgments were previously entered or imposed.
Questions Presented
- Whether the 2015 amendments to Idaho Code sections 18-309 and 19-2603, which provide credit for time served as a condition of probation, apply retroactively to Leary's probation-related incarceration.
Disposition
affirmed
Cases Cited (14)
- State v. Vasquez, 142 Idaho 67, 68, 122 P.3d 1167, 1168 (Ct. App. 2005)(followed)
- State v. Hale, 116 Idaho 763, 764, 779 P.2d 438, 439 (Ct. App. 1989)(followed)
- State v. Dunlap, 155 Idaho 345, 361-62, 313 P.3d 1, 17-18 (2013)(followed)
- State v. Schulz, 151 Idaho 863, 866, 264 P.3d 970, 973 (2011)(followed)
- State v. Owens, 158 Idaho 1, 3, 343 P.3d 30, 32 (2015)(followed)
- Doe v. Boy Scouts of America, 148 Idaho 427, 430, 224 P.3d 494, 497 (2009)(followed)
- State v. Doe, 147 Idaho 326, 328, 208 P.3d 730, 732 (2009)(followed)
- Ben Lomond, Inc. v. City of Idaho Falls, 92 Idaho 595, 601, 448 P.2d 209, 215 (1968)(followed)
- Winans v. Swisher, 68 Idaho 364, 367, 195 P.2d 357, 359 (1948)(followed)
- Univ. of Utah Hosp. ex rel. Harris v. Pence, 104 Idaho 172, 174, 657 P.2d 469, 471 (1982)(followed)
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Cited In (0)
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Court Document
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