Case Information


CR40-23-1549 | State of Idaho Plaintiff, vs. Robert Joseph Berger Defendant.

Case Number
CR40-23-1549

Court
Shoshone County District Court

Judicial Officer
Duggan (District), Barbara

File Date
09/05/2023

Case Type
Criminal

Case Status
Closed

Party

State
State of Idaho

 

Active Attorneys

Lead Attorney
Shoshone County Prosecuting Attorney

Defendant
Berger, Robert Joseph

DOB
XX/XX/1972

 

Active Attorneys

Lead Attorney
Logsdon, Jay Weston

Retained

Inactive Attorneys

Attorney
Findlay, Amanda Elaine

Retained

Attorney
Bowes, Dana Christine

Retained

Charge

Charges
Berger, Robert Joseph
  DescriptionStatuteLevelDate
1Unlawful Possession of Firearm by Convicted FelonI18-3316(1)Felony09/03/2023
2Unlawful Possession of Firearm by Convicted FelonI18-3316(1)Felony09/03/2023
3Unlawful Possession of Firearm by Convicted FelonI18-3316(1)Felony09/03/2023
4Controlled Substance-Possession ofI37-2732(c)(1) {F}Felony09/03/2023
5Controlled Substance-Possession of MarijuanaI37-2732(c)(3) {M}{MARIJUANA}Misdemeanor09/03/2023
6Drug Paraphernalia-Use or Possess With Intent to UseI37-2734A(1)Misdemeanor09/03/2023

Bond Settings


Setting Date
9/5/2023

Disposition Events

10/16/2023 Plea

Judicial Officer
Duggan (District), Barbara

1
Unlawful Possession of Firearm by Convicted Felon
Guilty
4
Controlled Substance-Possession of
Guilty

12/11/2023 Disposition

Judicial Officer
Duggan (District), Barbara

1
Unlawful Possession of Firearm by Convicted Felon
Guilty (Plea Agreement)
4
Controlled Substance-Possession of
Guilty (Plea Agreement)

10/25/2023 Disposition

Judicial Officer
Duggan (District), Barbara

2
Unlawful Possession of Firearm by Convicted Felon
Dismissed on Motion of Prosecutor
3
Unlawful Possession of Firearm by Convicted Felon
Dismissed on Motion of Prosecutor
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

12/11/2023 Felony Sentence

1
Unlawful Possession of Firearm by Convicted Felon
Felony Sentence

Condition - Adult

1. Other Condition, DNA AND THUMBPRINT THRU RDU, 12/11/2023, Active 12/11/2023


Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 12/11/2023

Determinate: 2 Years

Indeterminate: 3 Years

Retained Jurisdiction

Retained Jurisdiction: 365 Days

Concurrent with other charge – this case

Details: COUNT 4

Credit Term: 100 Days


12/11/2023 Felony Sentence

4
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$285.50

$500.00

$264.00

$500.00


Fee Totals

$1,549.50

Condition - Adult

1. Other Condition, DNA AND THUMBPRINT THRU RDU, 12/11/2023, Active 12/11/2023

2. Community Service, TO BE ADDRESSED AT R/J HEARING, 100H, 12/11/2023, Active 12/11/2023


Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 12/11/2023

Determinate: 2 Years

Indeterminate: 3 Years

Retained Jurisdiction

Retained Jurisdiction: 365 Days

Concurrent with other charge – this case

Details: COUNT 1

Credit Term: 100 Days


10/03/2024 Amended Felony Sentence

Amend Reason
Jurisdictional Review Hearing

1
Unlawful Possession of Firearm by Convicted Felon
Felony Sentence

Condition - Adult

1. Other Condition, DNA AND THUMBPRINT THRU RDU, 12/11/2023, Satisfied 10/03/2024

2. Felony Probation, 2Y, 10/03/2024-10/03/2026, Active 10/03/2024


Confinement

Type: County Jail

Facility: Shoshone County Public Safety Facility

Effective Date: 12/11/2023

Determinate: 2 Years

Indeterminate: 3 Years

Penitentiary Suspended

Concurrent with other charge – this case

Details: COUNT 4

Pre-Sentence Credit for Time Served

Credit Term: 326 Days


10/03/2024 Amended Felony Sentence

Amend Reason
Jurisdictional Review Hearing

4
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$285.50

$500.00

$264.00

$500.00


Fee Totals

$1,549.50

Condition - Adult

1. Other Condition, DNA AND THUMBPRINT THRU RDU, 12/11/2023, Satisfied 10/03/2024

2. Community Service, TO BE ADDRESSED AT R/J HEARING, 100H, 12/11/2023-10/03/2025, Active 10/03/2024

3. Felony Probation, 2Y, 10/03/2024-10/03/2026, Active 10/03/2024


Confinement

Type: County Jail

Facility: Shoshone County Public Safety Facility

Effective Date: 12/11/2023

Determinate: 2 Years

Indeterminate: 3 Years

Penitentiary Suspended

Concurrent with other charge – this case

Details: COUNT 1

Pre-Sentence Credit for Time Served

Credit Term: 326 Days


Events and Hearings


  • 09/05/2023 Arraignment

    Original Type
    Arraignment

    Judicial Officer
    Oxendine, Keisha

    Hearing Time
    1:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

    Defendant: Berger, Robert Joseph

  • 09/05/2023 New Case - Criminal

  • 09/05/2023 Criminal Complaint

    Judicial Officer
    Oxendine, Keisha

  • 09/05/2023 Affidavit of Probable Cause

  • 09/05/2023 Report

    Comment
    ILETS

  • 09/05/2023 Application for Public Defender

  • 09/05/2023 Notification of Rights

    Comment
    Felony

  • 09/05/2023 Court Minutes

  • 09/05/2023 Probable Cause Order

    Judicial Officer
    Oxendine, Keisha

  • 09/05/2023 Order Appointing Public Defender

    Judicial Officer
    Oxendine, Keisha

  • 09/05/2023 Conditions of Bail or Release

    Judicial Officer
    Oxendine, Keisha

    Comment
    $15,000

  • 09/05/2023 Notice of Remote Hearing

    Comment
    PRELIM

  • 09/06/2023 Notice-Appear of Attorney/Plea-Not Guilty/Request Jury Trial

  • 09/06/2023 Request for Discovery

  • 09/08/2023 Subpoena Issued

    Comment
    Maziarski, F

  • 09/08/2023 Subpoena Issued

    Comment
    Dickenson, R

  • 09/12/2023 Notice of Intent to Present 404b Evidence At Trial

  • 09/12/2023 Request for Discovery

    Comment
    State's

  • 09/12/2023 Response to Request for Discovery

    Comment
    State's

  • 09/12/2023 Witness and Exhibit List

    Comment
    Preliminary Hearing

  • 09/12/2023 Subpoena Returned

    Comment
    Maziarski, F

  • 09/12/2023 Subpoena Returned

    Comment
    Dickenson, R

  • 09/19/2023 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Oxendine, Keisha

    Hearing Time
    8:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

    Defendant: Berger, Robert Joseph

  • 09/19/2023 Preliminary Hearing

    Judicial Officer
    Oxendine, Keisha

    Hearing Time
    1:30 PM

    Cancel Reason
    Vacated

  • 09/19/2023 Court Minutes

  • 09/19/2023 Order Waiving Preliminary Hearing (On the Record)

    Judicial Officer
    Oxendine, Keisha

  • 09/19/2023 Preliminary Hearing Waived (Bound Over)

  • 09/20/2023 Notice of Hearing

    Comment
    ARRN IN D/C

  • 09/20/2023 Felony Information Filed

  • 09/20/2023 Amended Notice of Hearing

  • 09/21/2023 Motion

    Comment
    Motion to OR

  • 09/21/2023 Notice of Hearing

  • 10/16/2023 Arraignment - District Court

    Original Type
    Arraignment - District Court

    Judicial Officer
    Duggan (District), Barbara

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

    Defendant: Berger, Robert Joseph

  • 10/16/2023 Motion for Bond Reduction

    Original Type
    Motion for Bond Reduction

    Judicial Officer
    Duggan (District), Barbara

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Comment
    release

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

    Defendant: Berger, Robert Joseph

  • 10/16/2023 Court Minutes

    Comment
    Arraignment 10/16/2023

  • 10/16/2023 Pretrial Settlement Offer

    Judicial Officer
    Duggan (District), Barbara

  • 10/16/2023 PSI Face Sheet

    Judicial Officer
    Duggan (District), Barbara

  • 10/16/2023 Order for Pre-Sentence Report (PSI)

    Judicial Officer
    Duggan (District), Barbara

  • 10/23/2023 Arraignment - District Court

    Judicial Officer
    Duggan (District), Barbara

    Hearing Time
    9:00 AM

    Cancel Reason
    Vacated

  • 10/24/2023 Motion

    Comment
    Motion for Dismissal Count 2, 3 5 & 6

  • 10/25/2023 Order of Dismissal

    Judicial Officer
    Duggan (District), Barbara

    Comment
    counts 2, 3, 5 & 6

  • 12/04/2023 Pre-Sentence Report

  • 12/11/2023 Sentencing

    Original Type
    Sentencing

    Judicial Officer
    Duggan (District), Barbara

    Hearing Time
    11:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

    Defendant: Berger, Robert Joseph

  • 12/11/2023 Court Minutes

  • 12/13/2023 Judgment of Conviction, Retained Jurisdiction

    Judicial Officer
    Duggan (District), Barbara

  • 12/14/2023 Case Closed

  • 03/20/2024 Letter

    Comment
    Retained Jurisdiction Placement Letter

  • 07/15/2024 Substitution of Counsel

  • 09/06/2024 Addendum to Pre-Sentence Investigation

  • 09/06/2024 Notice of Remote Hearing

    Comment
    rider hearing

  • 09/11/2024 IDOC Agreement of Supervision

  • 09/26/2024 Notice of Remote Hearing

    Comment
    amended

  • 09/27/2024 Motion to Withdraw

  • 09/27/2024 Notice of Hearing

  • 09/30/2024 Rider Review Hearing

    Judicial Officer(s)
    Wayman (District), Scott, Duggan (District), Barbara

    Hearing Time
    10:30 AM

    Cancel Reason
    Vacated

  • 09/30/2024 Motion to Withdraw as Attorney

    Original Type
    Motion to Withdraw as Attorney

    Judicial Officer(s)
    Wayman (District), Scott, Duggan (District), Barbara

    Hearing Time
    1:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

  • 09/30/2024 Court Minutes

  • 09/30/2024 Order Appointing State Public Defender

    Judicial Officer
    Wayman (District), Scott

  • 10/03/2024 Rider Review Hearing

    Original Type
    Rider Review Hearing

    Judicial Officer
    Duggan (District), Barbara

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

    Defendant: Berger, Robert Joseph

  • 10/03/2024 Order for Release

    Judicial Officer
    Duggan (District), Barbara

    Comment
    AND ORDER TO REPORT TO PROBATION

  • 10/03/2024 Court Minutes

  • 10/03/2024 Judgment After Ret Jurisd, Order of Prob, Relinquish Jurisd

  • 10/04/2024 Notice of Assignment (PD)

    Comment
    Notice of Assignment by State of Idaho Public Defender to Counsel

  • 10/31/2024 Substitution of Counsel

  • 02/26/2025 Notice of Hearing

  • 02/26/2025 Motion

    Comment
    Motion re: Confiscation & Forfeiture of Firearm

  • 03/04/2025 Affidavit

    Comment
    Affidavit of Mailing - Defendant

  • 03/04/2025 Affidavit

    Comment
    Affidavit of Mailing - Desiree Berger

  • 03/24/2025 Subpoena Issued

    Comment
    Subpoena - Francis Maziarski

  • 03/31/2025 Motion Hearing

    Original Type
    Motion Hearing

    Judicial Officer(s)
    Haynes, Lansing L., Duggan (District), Barbara

    Hearing Time
    01:15 PM

    Result
    Hearing Held

    Comment
    re: confiscation of firearm

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Shoshone County Prosecuting Attorney

  • 03/31/2025 Court Minutes

  • 04/02/2025 Order

    Judicial Officer
    Haynes, Lansing L.

    Comment
    re: Confiscation & Forf of Firearm

  • 04/03/2025 Affidavit / Return of Service

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