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STATE v. BURNIGHT

No. 24179.

978 P.2d 214 (1999)

132 Idaho 654

STATE of Idaho, Plaintiff-Respondent, v. James Joseph BURNIGHT, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 1999 Term.

April 16, 1999.

Attorney(s) appearing for the Case

Anderson, Kane & Tobiason, Boise, for appellant. Michael J. Kane argued.

Hon. Alan G. Lance, Attorney General; Alison A. Stieglitz, Deputy Attorney General, Boise, for respondent. Alison A. Stieglitz argued.

TROUT, Chief Justice.

This is an appeal from the district judge's judgment and sentence entered upon James Joseph Burnight's (Burnight) pleas of guilty to attempted robbery and two counts of attempted murder in the first degree with firearm enhancements. Burnight also appeals the district judge's denial of his Rule 35 motion.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On October 4, 1996, Burnight and Steve Fabney attempted to rob Benny's Pawn...

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