STATE v. BOTTENS

No. 26579.

52 P.3d 875 (2002)

137 Idaho 730

STATE of Idaho, Plaintiff-Appellant, v. Erik Delbert BOTTENS, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied May 15, 2002.

Rehearing Denied August 22, 2002.


Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Siebe Law Office, Moscow, for respondent. James E. Siebe argued.


GUTIERREZ, Judge.

The state appeals from the district court's order granting a reduction of Erik Delbert Bottens' sentence for sexual battery of a minor child sixteen or seventeen years of age. The district court reduced Bottens' sentence after granting a motion to reconsider a previous denial of his Rule 35 motion. We reverse the order of the district court and remand for reimposition of Bottens' original sentence.

I.

FACTS AND PROCEDURE

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