State v. Buys

LANSING, Judge.

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…