STATE v. TIMBANA

No. 34624.

186 P.3d 635 (2008)

STATE of Idaho, Plaintiff-Respondent, v. Tim A. TIMBANA, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2008 Term.

June 4, 2008.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Diane M. Walker argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Thomas R. Tharp argued.


EISMANN, Chief Justice.

This is an appeal from an order refusing to reduce a sentence pursuant to Rule 35 upon revocation of probation. The defendant contends that the state breached its agreement not to oppose the Rule 35 motion. We hold that it did not and affirm the district court.

I. FACTS AND PROCEDURAL HISTORY

On December 4, 1999, at approximately 8:41 p.m., a police officer was dispatched to the area of Main and Center Streets in Pocatello...

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