STATE v. GRIFFITH

No. 29259.

97 P.3d 483 (2004)

140 Idaho 616

STATE of Idaho, Plaintiff-Respondent, v. Christopher David GRIFFITH, Defendant-Appellant.

Court of Appeals of Idaho.

June 22, 2004.


Attorney(s) appearing for the Case

Nevin, Benjamin McKay, LLP, Boise, for appellant. Dennis Alan Benjamin argued.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.


LANSING, Chief Judge.

This appeal presents a question whether a trial court, having erroneously vacated a judgment of conviction pursuant to Idaho Code § 19-2604(1), possesses jurisdiction two years later to set aside that erroneous order. We hold that it does not.

I.

FACTUAL AND PROCEDURAL BACKGROUND

This is a grand theft action that began in 1997 when Christopher David Griffith was charged with the offense. He pleaded guilty, and...

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