STATE v. JOSEPHSON

No. 20049.

858 P.2d 825 (1993)

124 Idaho 286

STATE of Idaho, Plaintiff-Respondent, v. Michael Travis JOSEPHSON, Defendant-Appellant.

Court of Appeals of Idaho.

August 18, 1993.


Attorney(s) appearing for the Case

Robert R. Chastain, Boise, for appellant.

Larry EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., for respondent.


PERRY, Judge.

Michael Josephson appeals from the denial of his I.C.R. 35 motion to correct an illegal sentence. Because he had already served in excess of the maximum term prescribed by I.C. § 18-902 when the judgment and sentences were imposed, he argued that the district court had no authority to order probation. The district court denied his motion, and he appeals. We affirm the order of the district court.

Josephson was charged with aggravated assault...

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