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State v. Stevenson

Court of Appeals of Idaho

November 12, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
ROBERT LOUIS STEVENSON, Defendant-Appellant

2014 Opinion No. 96

Page 1203

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen, District Judge.

Order denying motion for credit for time served, affirmed; and order denying I.C.R. 35 motion for reduction of sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.

GUTIERREZ, Chief Judge. Judge GRATTON and Judge MELANSON, CONCUR.

OPINION

Page 1204

GUTIERREZ, Chief Judge

Robert Louis Stevenson appeals from the district court's order denying his motion for credit for time served on probation and from its order denying his Idaho Criminal Rule 35 motion for reduction of sentence. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Stevenson pled guilty to aggravated assault, Idaho Code § § 18-901(b), 905(a), and use of a deadly weapon during the commission of a crime, I.C. § 19-2520. The district court imposed a unified eight-year sentence with a two-year determinate term, but suspended the sentence and placed Stevenson on probation. Subsequently, Stevenson was found to have violated several terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence, but retained jurisdiction. Following the period of retained jurisdiction, the district court relinquished jurisdiction. Subsequently, Stevenson filed an I.C.R. 35 motion for a reduction of sentence and a separate motion for credit for time served on probation, both of which the district court denied. Stevenson appeals the denial of his two motions.

After filing this appeal, and before assignment to this Court, Stevenson filed a motion to augment the record with additional transcripts. The State filed an objection, ...


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