State v. Rose
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The Supreme Court of the State of Idaho vacated a lower court's decision to modify Kenneth Richard Rose, Jr.'s sentence. Rose had pleaded guilty to one count of felony aggravated driving under the influence, and the district court sentenced him to six years in prison with one year fixed. The district court indicated it would reconsider Rose's sentence after his direct appeal and stayed the execution of his sentence. Following the conclusion of Rose's appeal, he moved the district court for a reduction of sentence per Idaho Criminal Rule 35(b). The district court agreed and modified Rose's sentence, leading the State to appeal.
The Supreme Court found that the district court did not have jurisdiction to modify Rose's sentence because his Rule 35(b) motion was untimely. The court concluded that the 120-day timeframe for filing a Rule 35(b) motion began when the district court initially entered its judgment, not after Rose's appeal concluded. The court held that the district court's decision to stay the execution of Rose's sentence did not extend the timeframe for filing a Rule 35(b) motion. Thus, because Rose's motion was filed more than three years after his sentence was imposed, exceeding the 120 days permitted by Rule 35(b), the district court did not have jurisdiction to modify his sentence.
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