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State v. Carter

Court of Appeals of Idaho

December 17, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
MURRAY CASEY CARTER, Defendant-Appellant

2014 Opinion No. 106

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

MELANSON, Judge. Judge LANSING and Judge GRATTON, CONCUR.

OPINION

Page 1270

MELANSON, Judge

Murray Casey Carter appeals from district court's order denying his I.C.R. 35 motion for reduction of his sentence. He argues that the district court abused its discretion by denying the motion and by denying his request for appointment of counsel. For the reasons set forth below, we affirm.

Page 1271

I.

FACTS AND PROCEDURE

Carter was charged with felony eluding an officer, I.C. § 49-1401; driving under the influence (DUI), I.C. § § 18-8004 and 18-8005(4); and driving without privileges (DWP), I.C. § 18-8001(3). Pursuant to a plea agreement, Carter pled guilty to felony eluding an officer and DUI; in exchange, the state dismissed the DWP and agreed to recommend a unified sentence of no more than five years, with a minimum period of confinement of two years, for felony eluding an officer. The state would also recommend that any sentence for the DUI run concurrently. Carter was free to recommend a reduced sentence. The district court accepted Carter's guilty plea and imposed a unified sentence of five years, with a minimum period of confinement of one year, for felony eluding and a concurrent unified sentence of one year for second offense DUI.

Carter filed a pro se Rule 35 motion for reduction of only his sentence for felony eluding an officer and a contemporaneous pro se motion for appointment of counsel. The district court denied the request for appointment of counsel, finding that the Rule 35 motion was not a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense and, ...


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