V.D. v. State

John M. Couch was incarcerated on the felony offenses of driving while intoxicated and failure to remain and render assistance at an injury accident. He applied to the superior court for a temporary release so that he could visit his grandfather who was dying of cancer in Idaho. Couch relied on Criminal Rule 35(b)(1) which provides that "[t]he court may modify or reduce a sentence within 180 days of the distribution of the written judgment. .. ." Although Couch was beyond the 180-day period set forth in the rule, he argued that the superior court had the authority to relax the time limitation under Criminal Rule 53. Superior Court Judge Pro Tempore Mark I. Wood granted the temporary release. The state appeals from this decision, arguing that the superior court abused its discretion in granting this release. The state argues that the authority to grant prisoners such as Couch a temporary release lies with the Department of Corrections rather than the court. We agree with the state and conclude that the superior court abused its discretion in releasing Couch.