STATE v. WALLACE

No. 17845.

782 P.2d 53 (1989)

116 Idaho 930

STATE of Idaho, Plaintiff-Respondent, v. Dennis WALLACE, Defendant-Appellant.

Court of Appeals of Idaho.

November 2, 1989.


Attorney(s) appearing for the Case

Dennis Wallace, pro se.

Jim Jones, Atty. Gen., Jack B. Haycock, Deputy Atty. Gen., for plaintiff-respondent.


PER CURIAM.

Dennis Wallace appeals from a district court order denying his I.C.R. 35 motion for correction of an "illegal" sentence. The principal issue on appeal is whether the omission of the word "determinate" from the original order of commitment constitutes a clerical error correctable at any time. A secondary issue is whether the "lenity doctrine" requires modification of the determinate sentence to an indeterminate sentence. For the following reasons, we affirm...

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