STATE v. SUTTON

No. 16736.

761 P.2d 1251 (1988)

114 Idaho 899

STATE of Idaho, Plaintiff-Respondent, v. Robbie Ray SUTTON, Defendant-Appellant.

Court of Appeals of Idaho.

September 9, 1988.


Attorney(s) appearing for the Case

Gara Louise Newman, Rupert, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.


PER CURIAM.

Robbie Sutton appeals from the district court's order denying his I.C.R. 35 motion for reduction of sentence. Sutton filed his motion three years after his sentence was imposed and three months after his probation was revoked. Sutton asks this court to determine whether the indeterminate five-year sentence he received upon a judgment of conviction for burglary is excessive, whether he should receive credit on his prison sentence for time he spent on probation...

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