State v. Aaron Louis Bitkoff
157 Idaho 410
| Idaho Ct. App. | 2014Background
- Bitkoff pled guilty to burglary in 2009 in Idaho; district court imposed a six-year unified sentence with two years fixed, retained jurisdiction, later suspended and placed on five years’ probation.
- Probation supervision was transferred to Nevada under the Interstate Compact for Adult Offender Supervision.
- In 2011 Idaho filed a report of violation alleging absconding; a bench warrant was issued on November 10, 2011.
- Bitkoff was arrested in Nevada on December 29, 2011, and later pleaded guilty to Nevada charges and was sentenced to the Nevada penitentiary; released in early 2013 and returned to Idaho.
- At a 2013 disposition hearing, Bitkoff sought credit for time served from December 29, 2011, to February 5, 2013; the district court denied the request for lack of documentation.
- The court later denied a Rule 35 motion; this appeal followed, and the court remanded for factual findings on whether Bitkoff was served with the Idaho bench warrant in Nevada on December 29, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Bitkoff served with the Idaho bench warrant in Nevada on 12/29/2011? | Bitkoff contends service occurred in Nevada and credits should run from that date. | State contends service not sufficiently established and credits should be limited by law. | Remand for factual findings required on service; no resolution on credit yet. |
| What is the controlling mechanism for credit after probation violation, 19-2603 or 18-309? | Credit for time served post-judgment should follow 19-2603 without the 'for the offense' limitation. | 18-309 applies and limits credit to pre-judgment incarceration for the offense. | Court notes 19-2603 governs credit after probation violation; remand to resolve service question. |
Key Cases Cited
- State v. Covert, 143 Idaho 169 (Idaho Ct. App. 2006) (free-review standard for legal questions; defer to facts)
- State v. Davis, 139 Idaho 731 (Idaho Ct. App. 2003) (standard of review for factual findings)
- State v. Lively, 131 Idaho 279 (Idaho Ct. App. 1998) (credit for time served on probation violation governed by 19-2603)
- State v. McCarthy, 145 Idaho 397 (Idaho Ct. App. 2008) (evidence considerations for time-serve credit; role of 19-2603)
- State v. Buys, 129 Idaho 122 (Idaho Ct. App. 1996) (application of 19-2603 in probation-violation context)
- State v. Bronkema, 109 Idaho 211 (Idaho Ct. App. 1985) (detainer and warrant service considerations)