STATE v. BUYS

No. 22149.

922 P.2d 419 (1996)

129 Idaho 122

STATE of Idaho, Plaintiff-Respondent, v. Jay A. BUYS, Defendant-Appellant.

Court of Appeals of Idaho.

August 5, 1996.


Attorney(s) appearing for the Case

Jay A. Buys, Boise, pro se appellant.

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.


LANSING, Judge.

This appeal presents a question of first impression: does time served in confinement as a condition of probation when a trial court in a criminal case withholds judgment and places the defendant on probation, constitute "incarceration prior to entry of judgment," for which a defendant is entitled to credit against a later-imposed sentence pursuant to I.C. § 18-309?

After a period of probation on a withheld judgment, Jay A. Buys was convicted...

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