Idaho Code
Idaho Code § 18-308 (2026)
Successive terms of imprisonment.
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Successive terms of imprisonment.
When any person is convicted of two (2) or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, in the discretion of the court, may commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.
Notes of Decisions
Cited in 66
cases (4 in the last 5 years), 1968–2025 · leading case: State v. Dameniel Preston Owens, 343 P.3d 30 (Idaho 2015).
State v. Dameniel Preston Owens, 343 P.3d 30 (Idaho 2015). “3d 782, 784 (2004), as follows: Idaho Code § 18-308 is not the source of a court’s authority to impose a cumulative sentence.”
State v. Lawrence, 565 P.2d 989 (Idaho 1977). “The defendant bases his argument on I.C. § 18-308, as amended in 1972, which reads: “18-308.”
State v. Murillo, 25 P.3d 124 (Idaho Ct. App. 2001). “Idaho Code Section 18-308 pi’ovides: When any person is convicted of two (2) or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, in the discretion of the court, may…”
Oregon v. Ice, 555 U.S. 160 (2009). “§ 53a-37 (2005)); Idaho ( Idaho Code § 18-308 (Lexis 2004)); Nebraska (Neb.”
State v. Mendenhall, 679 P.2d 665 (Idaho Ct. App. 1984). “In contrast, when reenacting the rest of the prior criminal code, the legislature modified I.C. § 18-308, which had made successive terms of imprisonment for felonies other than escape mandatory in some circumstances.”
State v. Calley, 99 P.3d 616 (Idaho 2004). “In holding that the district court lacked such authority, the Court of Appeals stated that under Idaho Code § 18-308 , “a sentence of imprisonment can be made to run consecutive only to an earlier term of imprisonment.”
State v. Cisneros-Gonzalez, 112 P.3d 782 (Idaho 2004). “In holding that the district court *496 lacked such authority, the Court of Appeals stated that under Idaho Code § 18-308 , “a sentence of imprisonment can be made to run consecutive only to an earlier term of imprisonment.”
State v. Chauncey, 554 P.2d 934 (Idaho 1976). “I.C. § 18-308 provides that: “When any person is convicted of two or more crimes before sentence has been pronounced upon *757 him for either * * * ” then the sentence for the second may be ordered to run consecutively with the first.”
State v. Horejs, 141 P.3d 1129 (Idaho Ct. App. 2006). “Horejs acknowledges that I.C. § 18-308 authorizes imposition of consecutive terms of incarceration, but argues that this does not provide explicit authority to run misdemeanor sentences consecutive to felony sentences.”
State v. Alberts, 824 P.2d 135 (Idaho Ct. App. 1991). “I.C. § 18-308; State v. Lawrence, 98 Idaho 399 , 565 P.”
State v. Wagenius, 581 P.2d 319 (Idaho 1978). “2d 934 (1976), we held that for purposes of I.C. § 18-308, which provides for consecutive sentences "[w]hen any person is convicted of two (2) or more crimes before sentence has been imposed upon him for either .”
State v. Brandt, 715 P.2d 1011 (Idaho Ct. App. 1986). “2d 934 (1976) the court determined that for purposes of I.C. § 18-308, dealing with the judge’s authority to order consecutive sentences, conviction occurs when a guilty plea is made and the court accepts that plea.”
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