State v. Albertson

LANSING, Judge.

In this appeal, Jason D. Albertson challenges the district court’s refusal to give him credit for time spent in custody before and after his judgment of conviction but prior to the commutation of Albertson’s sentence upon revocation of his probation. We reverse the district court’s decision and remand the case for determination of the credit to which Albertson is entitled.

Albertson pleaded guilty to felony driving without privileges, Idaho Code § 18-8001(5) (1997).1 On December 12,1996, he was given a unified three-year sentence with a one and one-half-year minimum term of…