State v. Troy M. Crombie
Background
- In Sept. 2012, Troy M. Crombie pleaded guilty to malicious injury to property and received a unified five-year sentence with two years determinate, suspended and placed on five years probation.
- On July 21, 2015, the district court revoked Crombie’s probation and reinstated the original sentence, and ordered credit for time served.
- Crombie filed a pro se I.C.R. 35(c) motion on Aug. 31, 2016, seeking additional credit for time served, asserting his “top out” date showed he was owed more days.
- The district court denied the motion, concluding Crombie had not shown evidence of uncredited time and miscalculating the total days credited as 429.
- Both parties agree the correct calculation is 490 days; the State conceded the district court’s 429-day figure was incorrect.
- The Court of Appeals reversed the denial and remanded, holding Crombie is entitled to 490 days’ credit when calculated correctly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crombie was entitled to additional credit for pre-judgment incarceration | Crombie argued the district court miscalculated days served and he is owed 490 days credit | State conceded district court miscalculated; originally defended 429-day calculation | Court held credit must be 490 days when calculated correctly and reversed denial |
| Whether the district court erred in applying I.C. § 18-309 | Crombie argued statute entitles him to credit for all time actually served pre-judgment as calculated | State agreed calculation error; did not dispute statutory entitlement to actual time served | Court reaffirmed statute requires credit for actual pre-judgment incarceration and remanded for entry of correct credit |
Key Cases Cited
- State v. Covert, 143 Idaho 169, 139 P.3d 771 (Ct. App. 2006) (standard of review: free review for legal application, deference to factual findings)
- State v. Moore, 156 Idaho 17, 319 P.3d 501 (Ct. App. 2014) (I.C. § 18-309 mandates credit for all time actually incarcerated before judgment)
- State v. Dorr, 120 Idaho 441, 816 P.2d 998 (Ct. App. 1991) (questions of law regarding credit for time served reviewed freely)
- State v. Hernandez, 120 Idaho 785, 820 P.2d 380 (Ct. App. 1991) (defendant not entitled to credit for time not actually spent in confinement)