State v. Covert, 139 P.3d 771 (Idaho Ct. App. 2006). · Go Syfert
State v. Covert, 139 P.3d 771 (Idaho Ct. App. 2006). Cases Citing This Book View Copy Cite
117 citation events (117 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. West-Doney (idahoctapp, 2026-03-17)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
cited Cited as authority (rule) State v. West-Doney
Idaho Ct. App. · 2026 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. West-Doney
Idaho Ct. App. · 2026 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Finch
Idaho Ct. App. · 2025 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Sands
Idaho Ct. App. · 2024 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Johnston
Idaho Ct. App. · 2024 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Nevarez
Idaho Ct. App. · 2023 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
discussed Cited as authority (rule) State v. Meek
Idaho Ct. App. · 2023 · confidence medium
We defer to the trial court’s findings of fact “unless those findings are unsupported by substantial and competent evidence in the record and are therefore clearly erroneous.” State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Berggren
Idaho Ct. App. · 2022 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
discussed Cited as authority (rule) State v. Hernandez
Idaho Ct. App. · 2021 · confidence medium
We defer to the trial court’s findings of fact “unless those findings are unsupported by substantial and competent evidence in the record and are therefore clearly erroneous.” State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Church
Idaho Ct. App. · 2021 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Ybarra
Idaho Ct. App. · 2021 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
discussed Cited as authority (rule) State v. Green
Idaho Ct. App. · 2020 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006). 2 Green’s sentence is for a unified term of five years with two years determinate. 3 The jail records, for reasons that are unclear, list Green’s time in jail as being October 19, 2017, to November 19, 2017, and November 16, 2017, to December 18, 2017.
cited Cited as authority (rule) State v. Johnston
Idaho Ct. App. · 2020 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Corey Dale Young
Idaho Ct. App. · 2018 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
discussed Cited as authority (rule) State v. Zuatney Gonzalez
Idaho Ct. App. · 2018 · confidence medium
State v. Taylor, 160 Idaho 381, 384-85 , 373 P.3d 699, 702-03 (2016); State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006); State v. Vasquez, 142 Idaho 67, 68 , 112 P.3d 1167 , 1168 (Ct. App. 2005).
cited Cited as authority (rule) State v. Jeremy Brown
Idaho Ct. App. · 2018 · confidence medium
State v. Leary, 160 Idaho 349, 352 , 372 P.2d 404 , 407 (2016); State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Jason Roy Barrett
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Troy M. Crombie
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. David B. Mercer
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Michael Anthony Hiatt
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Randall Gene Porath
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Chancellor Scott Baker
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Marco Antonio Rios-Lopez
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Corey Dale Young
Idaho Ct. App. · 2017 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Clayton Robert Adams
Idaho Ct. App. · 2016 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. John Michael Muguira
Idaho Ct. App. · 2016 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Andres Alvarez
Idaho Ct. App. · 2016 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Christopher Martin
Idaho Ct. App. · 2016 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Michael P. Martin
Idaho Ct. App. · 2016 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct.App. 2006).
cited Cited as authority (rule) State v. Darcy Dean Murphy
Idaho Ct. App. · 2015 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
examined Cited as authority (rule) State v. Shane Thomas Pelletier (3×) also: Cited "see"
Idaho Ct. App. · 2015 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Chester Lee Olsen
Idaho Ct. App. · 2015 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Jamie L. Neider
Idaho Ct. App. · 2015 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
cited Cited as authority (rule) State v. Ezekiel J. Hulse
Idaho Ct. App. · 2014 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006); State v. Davis, 139 Idaho 731, 734 , 85 P.3d 1130, 1133 (Ct. App. 2003).
cited Cited as authority (rule) State v. Aaron Louis Bitkoff
Idaho Ct. App. · 2014 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct.App.2006).
examined Cited as authority (rule) State v. Jeffrey Alan Denny (3×) also: Cited "see, e.g."
Idaho Ct. App. · 2014 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct.App.2006).
cited Cited as authority (rule) State v. Cullen Robert Sims
Idaho Ct. App. · 2014 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006). 2 III.
cited Cited as authority (rule) State v. Edward Herbert Hoid
Idaho Ct. App. · 2012 · confidence medium
See I.C. § 18-309; State v. Banks, 121 Idaho 608, 610 , 826 P.2d 1320, 1322 (1992); State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006).
discussed Cited as authority (rule) State v. McCarthy
Idaho Ct. App. · 2008 · confidence medium
This is mandated by I.C. § 19-2603, which provides that when a defendant has been arrested on a bench warrant for a probation violation and the probation has consequently been revoked, “the time of the defendant’s sentence shall count from the date of service of such bench warrant.” See also State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct.App.2006); State v. Lively, 131 Idaho 279, 280 , 954 P.2d 1075, 1076 (Ct.App.1998); State v. Buys, 129 Idaho 122, 127-28 , 922 P.2d 419, 424-25 (Ct.App.1996).
cited Cited as authority (rule) State v. Allen
Idaho Ct. App. · 2007 · confidence medium
State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct.App.2006); State v. Lively, 131 Idaho 279 , 954 P.2d 1075 (Ct.App.1998).
discussed Cited "see" State v. Michael Almen Dotts (2×)
Idaho Ct. App. · 2015 · signal: see · confidence high
See State v. Covert, 143 Idaho 169, 170-71 , 139 P.3d 771, 772-73 (Ct. App. 2006) (holding that a probationer held on an agent’s warrant after being arrested for a new offense was entitled to credit for time served from the date of arrest, not the date of service of the bench warrant, as the agent’s warrant had the same effect as a bench warrant in preventing him from being able to bond out on the new charge). 3 Even assuming section 19-2603 is relevant here, 1 the district court did not err by denying Dotts’ motion because Dotts has not shown that he was held in Oregon on the functional…
discussed Cited "see, e.g." State v. Michelle Alece Mace (2×)
Idaho Ct. App. · 2015 · signal: see also · confidence low
See also State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct.App.2006) (citing Banks for the proposition that “a defendant is not entitled to credit for time served after the commencement of probation if the incarceration was imposed as a condition of probation”).
discussed Cited "see, e.g." State v. Romelio Alvin Martinez, Jr. (2×)
Idaho Ct. App. · 2013 · signal: see, e.g. · confidence low
See, e.g., State v. Covert, 143 Idaho 169, 170 , 139 P.3d 771, 772 (Ct. App. 2006); State v. Vasquez, 142 Idaho 67, 68 , 122 P.3d 1167, 1168 (Ct. App. 2005); State v. Wilhelm, 135 Idaho 111, 119 , 15 P.3d 824, 832 (Ct. App. 2000); State v. Brashier, 127 Idaho 730, 738 , 905 P.2d 1039, 1047 (Ct. App. 1995); State v. Horn, 124 Idaho 849, 850 , 865 P.2d 176, 177 (Ct. App. 1993); State v. Dorr, 120 Idaho 441, 443 , 816 P.2d 998, 1000 (Ct. App. 1991).
Retrieving the full opinion text from the archive…
STATE of Idaho, Plaintiff-Respondent,
v.
Timothy M. COVERT, Defendant-Appellant
31988.
Idaho Court of Appeals.
Jun 14, 2006.
139 P.3d 771
Molly J. Huskey, State Appellate Public Defender; Diane M. Walker, Deputy Appellate Public Defender, Boise, for appellant., Hon. Lawrence G. Wasden, Attorney General; Thomas R. Tharp, Deputy Attorney General, Boise, for respondent.
Perry, Lansing, Gutierrez.
Cited by 45 opinions  |  Published
PERRY, Chief Judge.

Timothy M. Covert appeals from the district court’s order denying his motion for credit for time served. We reverse and remand.

In December 2003, Covert pled guilty to possession of methamphetamine. I.C. § 37-2732(c)(1). The district court sentenced Covert to unified term of seven years, with a minimum period of confinement of three years. The district court retained jurisdiction for 180 days. After Covert successfully completed the retained jurisdiction program, the district court suspended Covert’s sentence and placed him on probation for a period of four years.

[*170] On January 25, 2005, Covert’s probation officer discovered marijuana and a methamphetamine pipe in Covert’s car and other paraphernalia in Covert’s bedroom. The probation officer requested the assistance of a police officer, who arrested Covert for possession of a controlled substance and possession of drug paraphernalia. Covert was also arrested at the same time on an agent’s warrant. On January 27, the probation officer filed a report alleging Covert had violated the terms of his probation. The probation officer indicated that Covert was being held in jail on an agent’s warrant [1] and requested that the district court issue a bench warrant to replace the agent’s warrant. On February 2, the district court issued a bench warrant, which was served on Covert on February 7. Covert admitted to violating the terms of his probation. On March 14, the district court revoked Covert’s probation and imposed the previously suspended sentence.

Covert filed a motion for credit for time served. Covert alleged that he was entitled to credit for various periods of incarceration, which the district court granted. Covert also alleged that he was entitled to credit for the period between January 25 and March 14. The district court denied Covert’s motion as to that period, concluding that “the Idaho Appellate Courts have ruled there shall be no credit given for time served in custody on probation violation.” Covert appeals.

Whether the district court properly applied the law governing credit for time served is a question of law over which we exercise free review. State v. Brashier, 130 Idaho 112, 113, 937 P.2d 424, 425 (Ct.App.1997). We defer to the trial court’s findings of fact, however, unless those findings are unsupported by substantial and competent evidence in the record and are therefore clearly erroneous. State v. Davis, 139 Idaho 731, 734, 85 P.3d 1130, 1133 (Ct.App.2003).

If a probationer has been arrested for a probation violation, the defendant’s incarceration from the time of service of the bench warrant will count as part of the sentence. See I.C. § 19-2603; State v. Lively, 131 Idaho 279, 280, 954 P.2d 1075, 1076 (Ct.App.1998). Thus, a defendant is entitled to credit for those periods of incarceration prior to disposition of a probation violation allegation, which were not served voluntarily as a condition of probation. Lively, 131 Idaho at 280-81, 954 P.2d at 1076-77. However, a defendant is not entitled to credit for time served after the commencement of probation if the incarceration was imposed as a condition of probation. State v. Banks, 121 Idaho 608, 610, 826 P.2d 1320, 1322 (1992); State v. Buys, 129 Idaho 122, 125-26, 922 P.2d 419, 422-23 (Ct.App.1996).

Covert contends that he was incarcerated as a result of the agent’s warrant and, thus, he is entitled to credit for time served from January 25 until his sentence was imposed on March 14. The state concedes that Covert is entitled to credit for time served for the period of incarceration prior to disposition of the probation violation allegation. However, the state contends that Covert was not entitled to credit until the bench warrant was served and contests only the fourteen days between January 25 and February 7.

Section 19-2603 indicates that the time spent in custody following service of the bench warrant shall count toward the defendant’s sentence. In Buys, the court entered an order providing for the defendant’s incarceration for a period of thirty days to facilitate an investigation into an alleged probation violation. Although the defendant was arrested pursuant to a warrant in an unrelated case, he would have been eligible for release on bond if he had not been subject to the order requiring his incarceration for thirty days. This Court therefore concluded that the incarceration order had an effect upon the defendant’s liberty and, in substance and effect, was a bench warrant for the defendant’s arrest in connection with the alleged probation violation. Buys, 129 Idaho at 128, 922 P.2d at 425. Accordingly, the defendant was entitled to credit for time served on the incarceration order. Id.

Similarly, where the arresting officer delivers a probationer to the county jail with an agent’s warrant, that warrant is sufficient for the detention of the probationer. I.C. § 20-[*171] 227. In this case, Covert was arrested for possession of a controlled substance and paraphernalia. Covert would have been eligible for release on bond in the possession case if not for the agent’s warrant, which authorized the jail to detain him in this case. Thus, the agent’s warrant was the functional equivalent of a bench warrant, and Covert was entitled to credit for time served between January 25 and March 14.

We conclude that the district court erred in denying Covert’s motion for credit for time served as to the period he was awaiting disposition of the probation violation. Accordingly, we reverse the district court’s order denying credit for time served and remand this case for an amended judgment awarding him said credit.

Judge LANSING and Judge GUTIERREZ, concur.
1

. The agent’s warrant does not appear in the record on appeal.