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STATE v. McGONIGAL

No. 19578.

842 P.2d 275 (1992)

122 Idaho 939

STATE of Idaho, Plaintiff-Respondent, v. Daniel McGONIGAL, Defendant-Appellant.

Supreme Court of Idaho, Pocatello, September 1992 Term.

November 23, 1992.

Attorney(s) appearing for the Case

Loveless, Neilsen & Neilsen, Pocatello, for defendant-appellant. Michael B. Neilsen argued.

Larry EchoHawk, Atty. Gen.; and Douglas A. Werth, Deputy Atty. Gen., Boise, for plaintiff-respondent. Douglas A. Werth argued.

JOHNSON, Justice.

This is a criminal case in which there are only two issues:

1. Did the trial court have jurisdiction to resentence the defendant before the defendant had been placed in the custody of the board of correction? Following State v. Johnson, 101 Idaho 581, 618 P.2d 759 (1980), we conclude that the trial court did have jurisdiction. 2. Did the trial...

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