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STATE v. CHAPMAN

No. 18187.

825 P.2d 87 (1991)

121 Idaho 364

STATE of Idaho, Plaintiff-Appellant, v. Roger Lyle CHAPMAN, Defendant-Respondent.

Court of Appeals of Idaho.

April 30, 1991.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Michael A. Henderson (argued), Deputy Atty. Gen., for plaintiff-appellant.

Robert E. Kinney of Orofino, for defendant-respondent.

SWANSTROM, Judge.

In 1981, Roger Chapman was sentenced to an indeterminate fifteen years for committing the crime of battery with intent to commit rape in Clearwater County, Idaho. He was placed on probation but in 1985 the district court ordered Chapman to serve his sentence after he violated the conditions of probation. Chapman appealed. When the revocation order was upheld on appeal, Chapman filed a motion under I.C.R. 35, asking for probation or a reduction of...

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