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STATE v. PASSONS

Docket No. 45455.

417 P.3d 240 (2018)

STATE of Idaho, Plaintiff-Respondent, v. Russell Allen PASSONS, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2018 Term.

Filed: May 1, 2018.

Attorney(s) appearing for the Case

Eric D. Fredericksen , State Appellate Public Defender, Boise, for appellant. Brian R. Dickson argued.

Honorable Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. Russell J. Spencer argued.

This appeal arises from Russell Allen Passons's motion to correct an illegal sentence pursuant to Idaho Criminal Rule 35. The district court denied the motion on the basis of controlling precedent of the Court of Appeals. The Court of Appeals relied on that precedent to affirm the district court's decision. We granted Passons's petition...

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