State v. Daniel William Leary

I. Nature of the Case

Daniel Leary (“Leary”) appeals from the district court’s order revoking probation and imposing his sentence. He contends that the district court erred in calculating his credit for time served. He argues that the 2015 amendments to Idaho Code sections 18-309 and 19-2603 (the “Credit Statutes”)—providing that credit for time served includes time served as condition of probation—should be given retroactive effect. Such retroactive effect would require the district court to give him credit for all time served on previous drug court bench warrants, which were a condition of…