2015 Opinion No. 90
This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge.
Order denying Idaho Criminal Rule 35 motion to correct an illegal sentence, affirmed.
James Butler Ramsey, Boise, Pro se, appellant.
Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
James Butler Ramsey appeals from the district court's denial of his Idaho Criminal Rule 35 motion to correct an illegal sentence. For the reasons set forth below, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 2002, Ramsey pled guilty to robbery, Idaho Code § § 18-6501; grand theft by possession of stolen property, I.C. § § 18-2403(4), 18-2407(1); and aggravated assault, I.C. § § 18-901(b), 18-905(a). The district court imposed a unified life sentence with twenty years determinate for robbery, a concurrent fourteen years determinate for grand theft, and a concurrent five years determinate for aggravated assault. Ramsey appealed his sentences, alleging they were excessive, which this Court affirmed. State v. Ramsey, 139 Idaho 508, 80 P.3d 1109 (Ct.App. 2003) (unpublished).
In December 2014, Ramsey filed a motion to correct an illegal sentence pursuant to Idaho Criminal Rule 35(a), arguing that his sentence for his robbery conviction was illegal. At the same time, he filed a motion for appointment of counsel and a motion requesting the court to take judicial notice of a case pending in federal district court. The district court denied Ramsey's motion as untimely filed pursuant to I.C.R. 35(b). The court also denied Ramsey's pending motions for the court to appoint counsel ...