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STATE v. KERRIGAN

No. 32494.

141 P.3d 1054 (2006)

STATE of Idaho, Plaintiff-Respondent, v. Shawn W. KERRIGAN, Defendant-Appellant.

Supreme Court of Idaho, Boise, March 2006 Term.

Rehearing Denied August 9, 2006.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Justin M. Curtis, Deputy State Appellate Public Defender argued.

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

BURDICK, Justice.

Shawn Kerrigan appeals from the district court's denial of his Rule 35 motion for correction of an illegal sentence. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1991, Kerrigan pleaded guilty to aggravated battery stemming from an incident in which he shot and severely injured an Idaho State Trooper during a traffic stop.1 The district court imposed on Kerrigan a forty-five year sentence with forty...

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