Case Information


CR04-21-0428 | State of Idaho Plaintiff, vs. Caleb Andrew Aker Defendant.

Case Number
CR04-21-0428

Court
Bear Lake District Court

Judicial Officer
Brown, Mitchell W.

File Date
06/15/2021

Case Type
Criminal

Case Status
Closed

Party

State
State of Idaho

 

Active Attorneys

Lead Attorney
McKenzie, Adam Jay
Attorney
Hayes, Joseph Randy

Defendant
Aker, Caleb Andrew

Aliases
AKA Aker, Andrew Caleb

DOB
XX/XX/1994

 

Active Attorneys

Lead Attorney
James, Samuel Criss

Court Appointed

Charge

Charges
Aker, Caleb Andrew
  DescriptionStatuteLevelDate
1Controlled Substance-Possession ofI37-2732(c)(1) {F}Felony06/14/2021
2Controlled Substance-Possession ofI37-2732(c)(1) {F}Felony06/14/2021
3Controlled Substance-Possession ofI37-2732(c)(1) {F}Felony06/14/2021
4Controlled Substance-Manufacture, Deliver or Possess When Children are PresentI37-2737AFelony06/14/2021
5Controlled Substance-Possession of MarijuanaI37-2732(c)(3) {M}{MARIJUANA}Misdemeanor06/14/2021
6Drug Paraphernalia-Use or Possess With Intent to UseI37-2734A(1)Misdemeanor06/14/2021

Bond Settings


Setting Date
6/15/2021

Disposition Events

07/01/2021 Plea

Judicial Officer
Brown, Mitchell W.

1
Drug-Trafficking in Heroin (28 grams or More)
Not Guilty
2
Controlled Substance-Possession With Intent to Manufacture or Deliver
Not Guilty
3
Controlled Substance-Possession With Intent to Manufacture or Deliver
Not Guilty
4
Controlled Substance-Manufacture, Deliver or Possess When Children are Present
Not Guilty

10/07/2021 Plea

Judicial Officer
Brown, Mitchell W.

1
Controlled Substance-Possession of
Guilty
2
Controlled Substance-Possession of
Guilty
3
Controlled Substance-Possession of
Guilty
4
Controlled Substance-Manufacture, Deliver or Possess When Children are Present
Guilty

06/15/2021 Plea

Judicial Officer
Garbett, R. Todd

5
Controlled Substance-Possession of Marijuana
Not Guilty
6
Drug Paraphernalia-Use or Possess With Intent to Use
Not Guilty

10/07/2021 Disposition

Judicial Officer
Brown, Mitchell W.

1
Controlled Substance-Possession of
Guilty (Plea Agreement)
2
Controlled Substance-Possession of
Guilty (Plea Agreement)
3
Controlled Substance-Possession of
Guilty (Plea Agreement)
4
Controlled Substance-Manufacture, Deliver or Possess When Children are Present
Guilty (Plea Agreement)

12/02/2021 Disposition

Judicial Officer
Brown, Mitchell W.

5
Controlled Substance-Possession of Marijuana
Dismissed on Motion of Prosecutor
6
Drug Paraphernalia-Use or Possess With Intent to Use
Dismissed on Motion of Prosecutor

12/02/2021 Felony Sentence

1
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$285.50

$250.00

$100.00

$800.00

$388.00


Fee Totals

$1,823.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 12/02/2021

Determinate: 3 Years

Indeterminate: 3 Years

Retained Jurisdiction

Retained Jurisdiction: 365 Days

Concurrent with other charge – this case

Details: Counts 2 & 3

Pre-Sentence Credit for Time Served

Credit Term: 172 Days


Condition - Adult

1. Felony Probation, 5Y, 09/15/2022-09/15/2027, Active 09/15/2022

2. Community Service, Within 1 year, 100H, 09/15/2022-09/15/2023, Active 09/15/2022


Comment

Comment (5 Years Probation for all 4 counts. 9/15/22)


12/02/2021 Felony Sentence

2
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$285.50

$250.00


Fee Totals

$535.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 12/02/2021

Determinate: 3 Years

Indeterminate: 3 Years

Retained Jurisdiction

Retained Jurisdiction: 365 Days

Concurrent with other charge – this case

Details: Counts 1 & 3

Pre-Sentence Credit for Time Served

Credit Term: 172 Days


Comment

Comment (5 Years Probation and CS Hours set on 9/15/22. See Count 1 for details.)


12/02/2021 Felony Sentence

3
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$285.50

$250.00


Fee Totals

$535.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 12/02/2021

Determinate: 3 Years

Indeterminate: 3 Years

Retained Jurisdiction

Retained Jurisdiction: 365 Days

Concurrent with other charge – this case

Details: Counts 1 & 2


Comment

Comment (5 Years Probation and CS Hours set on 9/15/22. See Count 1 for details.)


12/02/2021 Felony Sentence

4
Controlled Substance-Manufacture, Deliver or Possess When Children are Present
Felony Sentence

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 12/02/2021

Determinate: 3 Years

Indeterminate: 5 Years

Retained Jurisdiction

Retained Jurisdiction: 365 Days

Pre-Sentence Credit for Time Served

Credit Term: 172 Days


Fee Totals


$285.50


Fee Totals

$285.50

Comment

Comment (5 Years Probation and CS Hours set on 9/15/22. See Count 1 for details.)


Events and Hearings


  • 06/15/2021 Arraignment

    Original Type
    Arraignment

    Judicial Officer
    Garbett, R. Todd

    Hearing Time
    1:30 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Hayes, Joseph Randy

    Defendant: Aker, Andrew Caleb

  • 06/15/2021 New Case - Criminal

  • 06/15/2021 Criminal Complaint

  • 06/15/2021 Request

    Comment
    Request for Bail

  • 06/15/2021 Order

    Comment
    Order Finding Probable Cause Order Setting Bail

  • 06/15/2021 Court Minutes

    Judicial Officer
    Garbett, R. Todd

  • 06/15/2021 Arraignment Form

    Judicial Officer
    Garbett, R. Todd

    Comment
    Arraignment Minute Entry/Log/Order

  • 06/15/2021 Order of Commitment

    Judicial Officer
    Garbett, R. Todd

  • 06/16/2021 Subpoena Returned

    Comment
    Blake Wells

  • 06/23/2021 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Garbett, R. Todd

    Hearing Time
    02:00 PM

    Result
    Hearing Waived - Parties Stipulated

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Hayes, Joseph Randy

    Defendant: Aker, Andrew Caleb

    Public Defender: James, Samuel Criss

  • 06/23/2021 Pre Trial

    Original Type
    Pre Trial

    Judicial Officer
    Garbett, R. Todd

    Hearing Time
    02:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Hayes, Joseph Randy

    Defendant: Aker, Andrew Caleb

    Public Defender: James, Samuel Criss

  • 06/23/2021 Court Minutes

    Judicial Officer
    Garbett, R. Todd

  • 06/23/2021 Court Minutes

    Judicial Officer
    Garbett, R. Todd

  • 06/23/2021 Preliminary Hearing Waived (Bound Over)

    Judicial Officer
    Garbett, R. Todd

  • 06/28/2021 Order

    Comment
    Order Binding Defendant Over to District Court

  • 06/28/2021 Order

    Comment
    Order for Hearing

  • 06/28/2021 Felony Information Filed

  • 07/01/2021 Arraignment

    Original Type
    Arraignment

    Judicial Officer
    Brown, Mitchell W.

    Hearing Time
    10:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Hayes, Joseph Randy

    Defendant: Aker, Andrew Caleb

    Public Defender: James, Samuel Criss

  • 07/07/2021 Court Minutes

  • 07/07/2021 Order

    Comment
    for Jury Trial

  • 08/06/2021 Request for Discovery

    Comment
    State's

  • 08/19/2021 Further Proceedings

    Original Type
    Further Proceedings

    Judicial Officer(s)
    Brown, Mitchell W., Dunn, Stephen S., Naftz, Robert C., Carnaroli, Rick

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Hayes, Joseph Randy

    Defendant: Aker, Andrew Caleb

    Public Defender: James, Samuel Criss

  • 08/31/2021 Court Minutes

    Comment
    Further

  • 09/15/2021 Restitution Request

    Comment
    Motion for Restitution

  • 09/16/2021 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Brown, Mitchell W.

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Hayes, Joseph Randy

    Defendant: Aker, Andrew Caleb

    Public Defender: James, Samuel Criss

  • 09/21/2021 Court Minutes

    Comment
    Further Proceedings

  • 10/04/2021 Jury Trial

    Judicial Officer
    Brown, Mitchell W.

    Hearing Time
    9:00 AM

    Cancel Reason
    Vacated

  • 10/05/2021 Guilty Plea Advisory

  • 10/05/2021 Plea Agreement

    Comment
    PLEA AGREEMENT

  • 10/07/2021 Further Proceedings

    Original Type
    Further Proceedings

    Judicial Officer
    Brown, Mitchell W.

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Hayes, Joseph Randy

    Defendant: Aker, Andrew Caleb

    Public Defender: James, Samuel Criss

  • 10/12/2021 Amended Information

    Comment
    Amended Criminal Information

  • 10/13/2021 Amended

    Comment
    Plea Agreement

  • 10/15/2021 Order for Pre-Sentence Report (PSI)

  • 10/15/2021 Court Minutes

  • 11/23/2021 Pre-Sentence Report

    Comment
    Presentence Report

  • 11/29/2021 Jail Time Served Report

  • 12/01/2021 Letter

    Comment
    letter from Caleb

  • 12/02/2021 Sentencing

    Original Type
    Sentencing

    Judicial Officer
    Brown, Mitchell W.

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: McKenzie, Adam Jay

    Defendant

    Public Defender: James, Samuel Criss

  • 12/02/2021 Case Closed

  • 12/07/2021 Judgment of Conviction, Retained Jurisdiction

  • 12/09/2021 Order

    Comment
    for Restitution

  • 12/09/2021 Order for DNA Sample & Thumbprint Impression

  • 01/10/2022 Letter

    Comment
    Retained Jurisdiction Placement Letter

  • 08/19/2022 Addendum to Pre-Sentence Investigation

  • 08/22/2022 Addendum to Pre-Sentence Investigation

    Comment
    Addendum to Pre-Sentence Investigation

  • 08/30/2022 Standard Terms and Conditions of Probation

    Comment
    Standard Terms and Conditions of Probation

  • 08/30/2022 Letter

    Comment
    Letter - Caleb Aker

  • 09/07/2022 Notice of Hearing

    Judicial Officer
    Brown, Mitchell W.

  • 09/07/2022 Order of Release

    Judicial Officer
    Brown, Mitchell W.

  • 09/13/2022 Motion

    Comment
    Motion to Appear by Zoom

  • 09/13/2022 Order

    Judicial Officer
    Brown, Mitchell W.

    Comment
    to Appear by Zoom

  • 09/15/2022 Rider Review Hearing

    Original Type
    Rider Review Hearing

    Judicial Officer
    Brown, Mitchell W.

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: McKenzie, Adam Jay

    Defendant: Aker, Caleb Andrew

    Public Defender: James, Samuel Criss

  • 09/15/2022 Judgment After Ret Jurisd, Order of Prob, Relinquish Jurisd

    Judicial Officer
    Brown, Mitchell W.

  • 09/15/2022 Court Minutes

    Judicial Officer
    Brown, Mitchell W.

  • 04/03/2023 Notice- State Tax Withholding-Diversion of Funds to Court

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