Case Information


CR20-22-01584 | State of Idaho Plaintiff, vs. Kelly M Kair Defendant.

Case Number
CR20-22-01584

Court
Elmore County District Court

Judicial Officer
Fleming, Theodore

File Date
06/10/2022

Case Type
Criminal

Case Status
Closed

Party

State
State of Idaho

 

Active Attorneys

Lead Attorney
Elmore County Prosecutor

Defendant
Kair, Kelly M

DOB
XX/XX/1967

 

Inactive Attorneys

Lead Attorney
Elmore County Public Defender

Public Defender

Charge

Charges
Kair, Kelly M
  DescriptionStatuteLevelDate
1Controlled Substance-Manufacture or Deliver, or Possess with Intent to Manufacture or DeliverI37-2732(a)(1)(B) {F}Felony06/09/2022
2Controlled Substance-Possession ofI37-2732(c)(1) {F}Felony06/09/2022
3Drug Paraphernalia-Use or Possess With Intent to UseI37-2734A(1)Misdemeanor06/09/2022
4Controlled Substance-DeliveryI37-2732(a)(1)(B)-DELFelony06/09/2022

Bond


Bond TypeBond NumberBond AmountCurrent Bond Status
Surety BondAS15K-3702965000.00Exonerated

Disposition Events

08/15/2022 Plea

Judicial Officer
Medema, Jonathan

1
Controlled Substance-Manufacture or Deliver, or Possess with Intent to Manufacture or Deliver
Not Guilty
2
Controlled Substance-Possession of
Not Guilty
3
Drug Paraphernalia-Use or Possess With Intent to Use
Not Guilty

12/12/2022 Plea

Judicial Officer
Fleming, Theodore

1
Controlled Substance-Manufacture or Deliver, or Possess with Intent to Manufacture or Deliver
Guilty

04/17/2023 Disposition

Judicial Officer
Fleming, Theodore

1
Controlled Substance-Manufacture or Deliver, or Possess with Intent to Manufacture or Deliver
Guilty (Plea Agreement)

02/10/2023 Disposition

Judicial Officer
Fleming, Theodore

2
Controlled Substance-Possession of
Dismissed on Motion of Prosecutor
3
Drug Paraphernalia-Use or Possess With Intent to Use
Dismissed on Motion of Prosecutor
4
Controlled Substance-Delivery
Dismissed on Motion of Prosecutor

04/17/2023 Felony Sentence

1
Controlled Substance-Manufacture or Deliver, or Possess with Intent to Manufacture or Deliver
Felony Sentence

Fee Totals


$285.50

$776.00


Fee Totals

$1,061.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 04/17/2023

Determinate: 0 Year

Indeterminate: 3 Years

Pre-Sentence Credit for Time Served

Credit Term: 16 Days


Events and Hearings


  • 06/10/2022 Arraignment

    Original Type
    Arraignment

    Judicial Officer
    Ferguson, Brent

    Hearing Time
    1:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 06/10/2022 New Case - Criminal

  • 06/10/2022 Affidavit of Probable Cause

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Complaint Filed

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Court Minutes

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Notification of Rights

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Application for Public Defender

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Order Appointing Public Defender

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Order of Commitment

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Notice of Remote Hearing

    Judicial Officer
    Ferguson, Brent

  • 06/10/2022 Court Minutes

  • 06/15/2022 Request for Discovery and Inspection

  • 06/21/2022 Notice of Service of Discovery Requests

  • 06/21/2022 Response to Request for Discovery

    Comment
    Notice of Service

  • 06/21/2022 Subpoena Issued

  • 06/22/2022 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Ferguson, Brent

    Hearing Time
    2:00 PM

    Result
    Hearing Held

    Comment
    *Zoom*

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 06/22/2022 Notice of Remote Hearing

    Judicial Officer
    Ferguson, Brent

  • 06/23/2022 Court Minutes

  • 06/24/2022 Bond Posted - Surety

  • 06/27/2022 Response to Request for Discovery

    Comment
    Disclosure and Alibi Demand

  • 06/27/2022 Promise to Appear

    Comment
    Bond $5,000

  • 06/27/2022 Subpoena Issued

  • 06/28/2022 Notice

    Comment
    of Service 1st Supplemental Response To Request For Discovery

  • 07/01/2022 Notice of Service of Discovery Requests

    Comment
    2nd Supplemental Response to Request for Discovery

  • 07/06/2022 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Ferguson, Brent

    Hearing Time
    01:30 PM

    Result
    Hearing Held

    Comment
    *Zoom*

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 07/06/2022 Court Minutes

  • 07/06/2022 Notice of Remote Hearing

    Judicial Officer
    Ferguson, Brent

  • 07/06/2022 Notice

    Comment
    of Service 3rd Supplemental Response To Request

  • 07/12/2022 Subpoena Issued

  • 07/21/2022 Notice of Service of Discovery Requests

    Comment
    4th Supplemental Response to Request for Discovery

  • 07/29/2022 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Ferguson, Brent

    Hearing Time
    03:00 PM

    Result
    Hearing Held

    Comment
    *Zoom*

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 07/29/2022 Court Minutes

  • 07/29/2022 Notice of Hearing

    Judicial Officer
    Ferguson, Brent

  • 08/10/2022 Felony Information Filed

    Judicial Officer
    Ferguson, Brent

  • 08/10/2022 Order Binding Defendant Over to District Court

    Judicial Officer
    Ferguson, Brent

  • 08/15/2022 Arraignment - District Court

    Original Type
    Arraignment - District Court

    Judicial Officer
    Medema, Jonathan

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 08/15/2022 Court Minutes

  • 08/15/2022 Notice of Jury Trial Setting, Pretrial Conference and Order

  • 08/19/2022 Subpoena Issued

  • 09/20/2022 Notice of Service of Discovery Requests

    Comment
    5th Supplemental Response to Request for Discovery

  • 09/28/2022 Notice

    Comment
    of Service 6th Supplemental Response To Request For Discovery

  • 10/13/2022 Notice of Judge Assignment Change

  • 10/26/2022 Notice of Service of Discovery Requests

    Comment
    7th Supplemental Response to Request for Discovery

  • 11/28/2022 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer
    Fleming, Theodore

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 11/28/2022 Court Minutes

  • 11/28/2022 Guilty Plea Advisory

  • 11/28/2022 Waiver of Speedy Trial

  • 12/07/2022 Jury Trial

    Judicial Officer
    Fleming, Theodore

    Hearing Time
    8:30 AM

    Cancel Reason
    Vacated

  • 12/12/2022 Status Conference

    Original Type
    Status Conference

    Judicial Officer
    Fleming, Theodore

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 12/12/2022 Guilty Plea Advisory

  • 12/12/2022 Order for Pre-Sentence Report (PSI)

  • 12/12/2022 Court Minutes

  • 02/06/2023 Pre-Sentence Report

    Comment
    Report

  • 02/10/2023 Motion

    Comment
    to Dismiss Count II, III and IV

  • 02/10/2023 Order

    Comment
    to Dismiss Count II, III and IV

  • 02/13/2023 Sentencing

    Original Type
    Sentencing

    Judicial Officer
    Fleming, Theodore

    Hearing Time
    10:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 02/13/2023 Court Minutes

  • 02/15/2023 Order for Pre-Sentence Report (PSI)

  • 04/07/2023 Addendum to Pre-Sentence Investigation

  • 04/17/2023 Sentencing

    Original Type
    Sentencing

    Judicial Officer
    Fleming, Theodore

    Hearing Time
    2:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Elmore County Prosecutor

    Defendant: Kair, Kelly M

  • 04/17/2023 Commitment Order to Serve Jail or Hold for Board of Corr.

  • 04/17/2023 Bond Exonerated

  • 04/17/2023 Court Minutes

  • 04/17/2023 Case Closed

  • 04/21/2023 Judgment of Conviction & Order of Commitment

  • 05/08/2023 Notice of Appeal

  • 05/08/2023 Motion

    Comment
    for Appointment of State Appellate Public Defender

  • 05/08/2023 Appeal Filed in Supreme Court

  • 05/12/2023 Order Appointing State Appellate Public Defender

  • 06/21/2023 Transcript Lodged with the Trial Court

  • 06/21/2023 Reporter's Notice of Transcript(s) Lodged

  • 06/22/2023 Amended Notice of Appeal

  • 08/07/2023 Reporter's Notice of Transcript(s) Lodged

  • 08/07/2023 Transcript Lodged with the Trial Court

  • 08/07/2023 Case Summary

  • 08/07/2023 Appeal Cover/Title Page

  • 08/07/2023 Clerk's Certificate of Service

  • 08/10/2023 Motion

    Comment
    to Reduce Sentence

  • 08/28/2023 Order

    Comment
    Denying Rule 35 Motion

  • 03/20/2024 Decision or Opinion

    Comment
    Unpublished

  • 04/10/2024 Petition

    Comment
    for Review and Submission on Briefs already filed

  • 04/11/2024 Order

    Comment
    Denying Petition for Review

  • 04/11/2024 Remittitur

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