[tailaw91]

Someone I know was sentenced for a felony in Idaho with 2 years penitentiary determinate & 2 years penitentiary indeterminate, also 2 years supervised probation. I thought this meant she has to do a MINIMUM of 2 years in the state pen in Boise, but she is still out & about (it's been a month or two since sentencing). Can they cancel each other out & she only has to serve probation? She's a problem & I would really like to know, if someone could tell me. Thank you!

[ma0641]

Determinate is a fixed sentence-2 years. Indeterminate is 2 to 5 years. Not sure you would have 2 separate sentences unless there were 2 crimes and then 1 could follow the other. This is not uncommon with crimes in different states. For example, if you rob a store in State X and then another in State Y, your conduct can be treated as two (or more) separate criminal acts if that conduct violated the laws of more than one state. Furthermore, if that conduct was a federal offense, you may be tried and convicted in both a state and federal court. This is known as the "dual sovereignty doctrine," and it is an exception to the "Double Jeopardy Clause" of the U.S. Constitution. This person may be free on bond, appealing the sentence, based on the discretion of the state court.

[excon]

Hello t:

Given the words you used, I can't tell what it means.. My GUESS is the two sentences run concurrent, meaning she'll do two years with time off for good behavior. There are several reasons why she might not be in custody.. She could be out on bond pending an appeal.. She might have been granted permission to self report.

excon