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STATE v. OMEY

No. 16481.

736 P.2d 1384 (1987)

112 Idaho 930

STATE of Idaho, Plaintiff-Respondent, v. Richard OMEY, Defendant-Appellant.

Court of Appeals of Idaho.

May 1, 1987.

Attorney(s) appearing for the Case

Charles B. Lempesis, Public Defender, and Anthony Sanchez, Deputy Public Defender, Post Falls, for defendant-appellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

Rule 35, I.C.R., authorizes a convicted felon to seek a reduction of sentence within 120 days after the sentence is imposed. Today we must decide whether a Rule 35 motion may be filed more than 120 days after a sentence is pronounced and suspended, but less than 120 days after the sentence is ordered into effect upon revocation of probation. For reasons explained below, we hold that such a motion is untimely.

The issue is framed by the following...

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