State v. Kesling Order Revoking Probation, 155 Idaho 673

Kesling was convicted in three Ada County cases on December 1, 2003 (forgery, grand theft by deception, and issuing a check without funds) and was sentenced to nine years in prison with three concurrent probation terms of nine years each; the sentences were suspended and Kesling placed on probation.
His probation was transferred to Florida under an interstate compact; in Florida he committed five new felonies and was sentenced to 45 months in prison in 2008.
Because the Florida sentences violated his Idaho probation, Idaho bench warrants were issued; Florida authorities later transferred Kesling to Idaho in March 2011.
Kesling admitted probation violation upon transfer, and sought credit on Idaho sentences for time served in Florida, starting March 4, 2008 (the date of the first Idaho–Florida communication).
The district court revoked probation and ordered execution of the nine-year sentences, granting seven days’ credit for time in custody after transfer but before service of bench warrants; Kesling then challenged an unlawful sentence via Rule 35 and the maximum-term issue for one offense.
On appeal, Kesling argues (1) lack of jurisdiction to revoke probation for an unlawful longer-than-maximum term in Ada County Case No. H0300379, and (2) entitlement to additional time-served credit for Florida custody.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the probation revocation lacked jurisdiction due to an excessive maximum probation period	Kesling argues maximum probation exceeded statutory limits	State contends probation revocation within extended jurisdiction	Probation revocation lacked subject-matter jurisdiction; maximum probation exceeded statutory limit, reversing probation revocation order
Whether Kesling is entitled to additional credit for time served in Florida	Kesling asserts Florida detainer/holding after Florida sentences ended merits more credit	State asserts no evidentiary support for continued detention post-Florida sentences	Additional credit denied; record shows no evidence of Florida detention beyond transfer date; seven days already credited

State v. Rogers, 140 Idaho 223 (2004) (jurisdictional questions in criminal prosecutions governed by statutes and finality rules)
State v. Jakoski, 139 Idaho 352 (2003) (jurisdiction extending provisions related to probation revocation)
Gamino v. State, 148 Idaho 827 (Ct. App. 2010) (probation revocation proceedings must be initiated within probation term; otherwise lack of authority)
Ligon-Bruno v. State, 152 Idaho 274 (Ct. App. 2011) (initiation of revocation within probation period is jurisdictional; later allegations lack authority)
Covert v. State, 143 Idaho 169 (Ct. App. 2006) (credit for time served when held on agent’s warrant or equivalent bench warrant)
State v. Horejs, 143 Idaho 260 (Ct. App. 2006) (harmonizing probation statutes and time limits in probation revocation)
State v. Vasquez, 142 Idaho 67 (Ct. App. 2005) (credit for time served related to probation revocation proceedings)