STATE v. LUTE

Docket No. Docket no. 37394.

STATE OF IDAHO, Plaintiff-Respondent, v. DANIEL FRANCIS LUTE, Defendant-Appellant.

Supreme Court of Idaho. Boise, April 2011 Term.

Filed April 20, 2011.


Attorney(s) appearing for the Case

Daniel Francis Lute , Boise, pro se appellant.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent.


BURDICK, Justice.

This case arises on appeal from the district court's denial of Daniel Lute's Idaho Criminal Rule 35 motion for correction of an illegal sentence. Lute argues that the grand jury that indicted him was acting without authority as its commission had expired and, therefore, the district court had no subject matter jurisdiction over his case and could not properly enter a Judgment of conviction. Lute further argues that the conviction underlying his sentence...

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