Mickelsen v. Idaho State Correctional Institution

SCHWARTZMAN, Judge.

Scott Lee Mickelsen appeals from the district court’s order affirming the magistrate’s dismissal of his petition for a writ of habeas corpus. On appeal, Mickelsen asserts that the Idaho Department of Corrections (“Department”) incorrectly calculated his amount of credit for time served while he was in its custody, and that the magistrate erred in adopting the Department’s incorrect calculations. For the reasons stated, we reverse and remand for proceedings consistent with this opinion.

I

FACTUAL & PROCEDURAL BACKGROUND

On April 18, 1989, Mickelsen was given a withheld judgment…