(Kootenai County) Kimberly Ann Davis, 37, was convicted of Possession of Fentanyl With Intent to Deliver. The conviction stems from a June 22, 2023, incident in which Davis possessed 919 fentanyl pills with the intent to deliver. Possession of Fentanyl With Intent to Deliver is a felony, punishable by up to life in prison. At sentencing on April 17, 2024, the Kootenai County Prosecutor’s Office recommended a 10-year prison sentence with parole eligibility after 5 years. District Judge Richard Christensen, however, sentenced Davis to 9 years in prison with parole eligibility after just 3 years and retained jurisdiction over Davis.
Idaho Code allows a Court to retain jurisdiction over a defendant for up to 1 year. A retained jurisdiction is often referred to as a ‘rider.’ On a rider, a defendant will receive treatment while in the custody of the Department of Corrections (DOC). However, within a year of being sentenced, the defendant will return to Court for a review hearing where a judge will decide to either grant the defendant probation or leave the defendant in DOC custody for the remainder of their sentence.
Davis returned to court on December 20, 2024. The Kootenai County Prosecutor’s Office again recommended that Davis be sent to prison to serve her previously imposed prison sentence. However, Senior District Judge Scott Wayman* suspended Davis’s prison sentence and placed Davis on probation for 2 years.