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STATE v. CLAYTON

No. 16514.

739 P.2d 409 (1987)

STATE of Idaho, Plaintiff-Respondent, v. Aundrea Joe CLAYTON, Defendant-Appellant.

Court of Appeals of Idaho.

June 1, 1987.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender, George M. Parham, Deputy, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., David R. Minert, Deputy Atty. Gen., for plaintiff-respondent.

SWANSTROM, Judge.

A jury found Aundrea Clayton guilty of first degree burglary and petit theft. I.C. §§ 18-1401, -1402, -2403 and -2407. The district judge sentenced him to a three-year indeterminate term for the burglary and a concurrent six-month indeterminate term for the petit theft. Four months after sentencing, Clayton filed a timely Rule 35 motion for reconsideration of his sentence. Specifically, he requested reduction of his indeterminate three...

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