Idaho v. Herrera
Annotate this CaseRaul Herrera challenged a district court’s partial denial of his Idaho Criminal Rule 35 motion for correction or reduction of sentence. Following his conviction for first-degree murder, among other charges, Herrera was sentenced to an indeterminate term of life with thirty-five years fixed. Herrera argued his sentence was illegal because the fixed term was greater than the duration authorized by Idaho Code section 18-4004, the statute governing punishment for murder. The district court rejected this argument and denied Herrera’s motion as to that part, but the motion was granted in part due to an illegal sentence for Herrera’s separate conviction for second-degree kidnapping. After a hearing was held to correct the kidnapping sentence, the district court entered an amended judgment, from which Herrera appealed. Finding no reversible error in the district court's sentence, the Idaho Supreme Court affirmed the district court’s decision.
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