State of Idaho, Plaintiff-Respondent v. Zuatney Gonzalez, Defendant-Appellant.

Summary

The Court affirmed the denial of Gonzalez’s request for additional credit for time served because she changed the factual and legal basis of her request on appeal, raising a position the district court had not been given an opportunity to address. The Court clarified that preservation requires both the issue and the party’s position on that issue to have been presented to the trial court, while allowing supporting arguments to evolve. Gonzalez may seek relief through a renewed motion under Idaho Criminal Rule 35(c).