[Download] "State Idaho v. Erwin Leonard Parrish" by Court of Appeals of Idaho No. 15927 ~ Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Erwin Leonard Parrish
- Author : Court of Appeals of Idaho No. 15927
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Erwin Leonard Parrish was sentenced to custody of the State Board of Correction for a fixed term of ten years after pleading guilty to lewd and lascivious conduct with a minor. He appeals from an order of the district court denying his motion to reduce the sentence pursuant to I.C.R. 35. The state now contends that the district court lacked jurisdiction to grant any relief on the motion. We agree, and for that reason we affirm the order denying relief. Sentence was imposed on June 19, 1984. Parrish, aided by an inmate lay assistant, prepared a Rule 35 motion dated September 30. It was filed with the district court clerk in Payette County on October 19. The record is devoid of any explanation for the apparent nineteen-day gap between the preparation and filing of the motion. The district Judge -- without specifically addressing the timeliness or merits of the motion, but after reviewing the matters set forth -- simply denied the motion without a hearing. The state's position on appeal is that the district court was without jurisdiction to grant any relief because the motion was filed 122 days after judgment. The state also contends that even if the court had jurisdiction, the court would not have abused its discretion by denying the motion on its merits.