STATE v. GERVASI

No. 27745.

69 P.3d 1074 (2003)

138 Idaho 813

STATE of Idaho, Plaintiff-Respondent, v. Jeremie W. GERVASI, Defendant-Appellant.

Court of Appeals of Idaho.

April 30, 2003.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


GUTIERREZ, Judge.

Jeremie W. Gervasi appeals from the sentence imposed upon his guilty plea to eluding a police officer, I.C. § 49-1404(2)(c). Gervasi argues that the district court erred in failing to afford Gervasi his right of allocution and thus, his sentence should be vacated. Gervasi also appeals from the denial of his Rule 35 motion. We vacate Gervasi's sentence and remand the case for resentencing.

I.

FACTS AND PROCEDURAL HISTORY

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases