STATE v. LANKFORD

No. 17284.

770 P.2d 805 (1989)

115 Idaho 796

STATE of Idaho, Plaintiff-Respondent, v. Bryan Stuart LANKFORD, Defendant-Appellant.

Supreme Court of Idaho.

March 16, 1989.


Attorney(s) appearing for the Case

Joan M. Fisher, Genessee, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen. (argued), Boise, for plaintiff-respondent.


BAKES, Justice.

Appellant Lankford appeals from the trial court's denial of his motion to reduce sentence filed under Idaho Criminal Rule 35. The trial court denied the motion on the ground that it was not timely filed, relying on I.C. § 19-2719, which provides that where the judgment imposes the punishment of death, the defendant must file any legal or factual challenge to the judgment and sentence, whether by post conviction procedure, habeas corpus, or any...

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