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STATE v. RHOADES

No. 25435.

11 P.3d 481 (2000)

134 Idaho 862

STATE of Idaho, Plaintiff-Respondent, v. Paul Ezra RHOADES, Defendant-Appellant.

Supreme Court of Idaho, Idaho Falls, May 2000, Term.

Rehearing Denied October 24, 2000.

Attorney(s) appearing for the Case

Nevin, Herzfeld & Benjamin, Boise, for appellant. Dennis A. Benjamin argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent. L. LaMont Anderson, Deputy Attorney General, argued.

TROUT, Chief Justice.

This is an appeal from a ruling by the district judge denying Paul Rhoades' (Rhoades) motion under Rule 35 of the Idaho Criminal Rules to correct an illegal sentence. Rhoades' motion challenges the three sentence enhancements for use of a firearm imposed as a part of Rhoades' sentences for murder, kidnapping, and robbery.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Rhoades entered a convenience store in Blackfoot, Idaho on...

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