Idaho Code
Idaho Code § 19-2603 (2026)
Pronouncement and execution of judgment after violation of probation.
✓ current as of May 2026
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Pronouncement and execution of judgment after violation of probation.
When the court finds that the defendant has violated the terms and conditions of probation, it may, if judgment has been withheld, pronounce any judgment which it could originally have pronounced, or, if judgment was originally pronounced but suspended, revoke probation. The time such person shall have been at large under such suspended sentence shall not be counted as a part of the term of his sentence. The defendant shall receive credit for time served from the date of service of a bench warrant issued by the court after a finding of probable cause to believe the defendant has violated a condition of probation, for any time served following an arrest of the defendant pursuant to section 20-227, Idaho Code, and for any time served as a condition of probation under the withheld judgment or suspended sentence.
Notes of Decisions
Cited in 482
cases (49 in the last 5 years), 1964–2026 · leading case: State v. Osborn, 449 P.3d 419 (Idaho 2019).
State v. Osborn, 449 P.3d 419 (Idaho 2019). “Thus, under the plain language of Idaho Code § 19-2603 , [Osborn] is entitled to credit for 106 days against each count, for total credit of 346 days.”
State v. Pedraza, 614 P.2d 980 (Idaho 1980). “Both parties agree that this case depends on the construction and application of two statutes, I.C. §§ 19-2603 and 20-222. Both statutes discuss the sentencing court's alternatives should it determine that the defendant has violated the conditions of his probation.”
State v. Mendenhall, 679 P.2d 665 (Idaho Ct. App. 1984). “Idaho Code § 19-2603 , as interpreted by Pedraza , provides that if a defendant violates his probation, he may be ordered to serve the full balance of the sentence previously imposed but suspended.”
Peltier v. State, 808 P.2d 373 (Idaho 1991). “6 In Pedraza we stated: We are convinced that the portion of the statute which permits a court to “impose any sentence which originally might have been imposed at the time of conviction” refers only to a revocation of probation following a withheld judgment, while the portion…”
State v. Jason Roy Barrett, 414 P.3d 1188 (Idaho 2018). “The Court of Appeals has addressed a defendant’s argument as to a “detainer warrant” within the context of Idaho Code section 19-2603, which provides that credit for time served after probation violations accrues from the date of service of a bench warrant; yet, neither that…”
State v. Daniel William Leary, 372 P.3d 404 (Idaho 2016). “Idaho Code § 19-2603 Pronouncement and Execution of Judgment After Violation of Probation.”
State v. Aaron Louis Bitkoff, 336 P.3d 817 (Idaho Ct. App. 2014). “Bitkoffs attorney told the court that his client claimed that he was served with the Idaho bench warrant on December 29, 2011, and counsel argued that Bitkoff was thus entitled to credit from that date pursuant to Idaho Code § 19-2603 . The district court denied the request,…”
State v. Jason Zane Garner, 390 P.3d 434 (Idaho 2017). “I.C. § 19-2603 (emphasis added) Idaho Code section 20-222 is substantially similar to the foregoing provisions, but adds the requirement that a hearing be held before probation can be revoked.”
State v. Andrew Dallas Morgan, 288 P.3d 835 (Idaho Ct. App. 2012). “Morgan has not shown that the requested transcripts are necessary for counsel to provide effective assistance regarding the issue raised in this appeal. B. Probation Revocation Morgan argues that the district court abused its discretion when it revoked his probation and executed…”
State v. Covert, 139 P.3d 771 (Idaho Ct. App. 2006). “See I.C. § 19-2603; State v. Lively, 131 Idaho 279, 280 , 954 P.”
State v. Buys, 922 P.2d 419 (Idaho Ct. App. 1996). “Therefore, under I.C. § 19-2603, he is entitled to credit for the period served in jail upon that order.”
State v. Lively, 954 P.2d 1075 (Idaho Ct. App. 1998). “NOTES [1] Idaho Code § 19-2603 states: When the defendant is brought before the court in such case, it may, if judgment has been withheld, pronounce any judgment which it could originally have pronounced, or, if judgment was originally pronounced but suspended, the original…”
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