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STATE v. TAYLOR

No. 30766.

121 P.3d 961 (2005)

142 Idaho 30

STATE of Idaho, Plaintiff-Appellant, v. Kim Brent TAYLOR, Defendant-Respondent.

Supreme Court of Idaho, Idaho Falls, September 2005 Term.

September 23, 2005.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Rebekah A. Cudé, Deputy Attorney General, argued.

Molly J. Huskey, State Appellate Public Defender, Boise, for respondent. Eric Fredericksen argued.

EISMANN, Justice.

This is an appeal by the State from the district court's judgment, issued after the expiration of the 180-day retained jurisdiction, suspending the Defendant's sentence and placing him on probation. Because the district court had no jurisdiction to suspend the sentence once the 180-day period of retained jurisdiction had expired, we reverse the judgment.

I. FACTS AND PROCEDURAL HISTORY

The defendant-respondent Kim Taylor was tried...

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