(DOWNLOAD) "State Idaho v. Richard James Anderson" by Court of Appeals of Idaho No. 15895 * Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Richard James Anderson
- Author : Court of Appeals of Idaho No. 15895
- Release Date : January 23, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Upon a plea of guilty, Richard Anderson was convicted of second degree kidnapping, I.C. § 18-4503. In return for the plea the prosecutor dismissed a charge of lewd conduct with a male child under the age of sixteen, I.C. § 18-1508. Anderson was sentenced to the custody of the Board of Correction for a fixed five-year term. Approximately ninety days later Anderson moved, under I.C.R. 35, for a reduction of the sentence or for a modification to release him on probation. The district court summarily denied the motion. On appeal, Anderson contends that the district court abused its sentencing discretion by imposing an excessive sentence and erred in denying the Rule 35 motion without first conducting a hearing. We affirm. Our review of the first issue -- whether the sentence was excessive -- is limited. The judgment of conviction, which included the sentencing order, was a final judgment for purposes of appeal. The sentence was not an illegal sentence or a sentence that has been imposed in an illegal manner. I.C.R. 35. The district court did not retain jurisdiction under I.C. § 19-2601(4). Therefore, the time to appeal from the sentence, forty-two days, expired before Anderson filed his motion for reduction of sentence. I.A.R. 14(a). Consequently, we will not entertain, in this appeal, the question whether the Judge abused his discretion by imposing the fixed five-year sentence upon the record then before him. State v. Torres, 107 Idaho 895, 693 P.2d 1097 (Ct.App.1984).
 "State Idaho v. Richard James Anderson" by Court of Appeals of Idaho No. 15895 * Book PDF Kindle ePub Free){kind=link}