State v. Michelle Alece Mace, 341 P.3d 602

Mace pleaded guilty to malicious harassment and was placed on probation with a 120-day county-jail term as a condition of probation.
After probation violations, the court revoked the withheld judgment, entered a conviction, and imposed a unified five-year sentence with two years fixed; jurisdiction was retained and the sentence ultimately suspended and Mace placed back on probation.
In 2011 the district court ordered credit on the sentence for 401 days of incarceration prior to revocation; an amended order later increased that credit to 530 days.
Mace then sought additional credit for other county-jail time; the new judge and both parties agreed that prior credit included time served as a condition of probation, which normally does not entitle credit.
The district court reduced the credit from 530 to 410 days, prompting Mace’s appeal arguing the court unlawfully increased her sentence by withdrawing the previously granted credit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May a court withdraw erroneous credit after it has been granted?	Mace argues the initial grant was a Rule 35(b) reduction and cannot later be reversed.	State asserts the court may correct erroneous credit under I.C.R. 35(c) and is not bound by prior calculations.	Yes; credit may be corrected, and withdrawal of erroneous credit is permissible.
Did the August 19, 2011 credit grant constitute a valid Rule 35(b) reduction?	Mace contends the order reflected a Rule 35(b) discretionary reduction.	The record shows no clear exercise of Rule 35(b) discretion and the order was untimely.	No; the August 2011 grant was not a valid Rule 35(b) reduction."

State v. Moore, 156 Idaho 17 (Ct. App. 2014) (court may correct time-credit errors under I.C.R. 35(c))
State v. Steelsmith, 153 Idaho 577 (Ct. App. 2012) (withdrawal of time credit authorized to correct illegal sentence under I.C.R. 35(a))
State v. Izaguirre, 145 Idaho 820 (Ct. App. 2008) (untimely Rule 35(b) motions lack jurisdiction)
State v. Omey, 112 Idaho 930 (Ct. App. 1987) (timely Rule 35(b) requirements; probation revocation context)
State v. Banks, 121 Idaho 608 (1992) (post-judgment incarceration as probation condition waives credit)
State v. Covert, 143 Idaho 169 (Ct. App. 2006) (credit for time served generally not received for probation condition; Banks cited)
State v. Bitkoff, 157 Idaho 410 (Ct. App. 2014) (discusses credit for incarceration on probation violation)