Opinion No. 70
from the District Court of the Second Judicial District,
State of Idaho, Latah County. Hon. John R. Stegner, District
denying motions to correct an illegal sentence, to withdraw
guilty plea, and for appointment standby counsel, affirmed.
D. Fredericksen, Interim State Appellate Public Defender;
Reed P. Anderson, Deputy Appellate Public Defender, Boise,
Lawrence G. Wasden, Attorney General; John C. McKinney,
Deputy Attorney General, Boise, for respondent.
MELANSON, Chief Judge
Raymond Colvin appeals from the district court's order
denying his motions to correct an illegal sentence, withdraw
his guilty plea, and for appointment of standby counsel. For
the reasons set forth below, we affirm.
FACTS AND PROCEDURE
1992, pursuant to a plea agreement, Colvin pled guilty to
second degree murder. At his sentencing hearing, the district
court invited Colvin to make a statement on his behalf, which
he did. The district court also asked Colvin's attorney
whether there was any legal reason the judgment should not be
pronounced, and Colvin's attorney answered in the
negative. Colvin was sentenced to a unified life term, with a
minimum period of confinement of twenty-five years. In 2015,
Colvin filed three motions: (1) motion for correction of an
illegal sentence; (2) "motion for relief, " which
requested that he be allowed to withdraw his guilty plea; and
(3) motion for appointment of standby counsel.
motion to correct an illegal sentence, Colvin argued that the
district court violated Colvin's right to allocution by
failing to explain that his personal statement could include
mitigating information. Colvin also argued that it was
improper for the district court to ask Colvin's attorney,
rather than Colvin, whether there was any legal reason
judgment should not be pronounced. In Colvin's motion to
withdraw his guilty plea, he claimed that his guilty plea was
invalid and therefore resulted in a manifest injustice.
Finally, in his motion for appointment of standby counsel,
Colvin argued that he was entitled to counsel to confer with
regarding the motion to correct an illegal sentence and the
motion to withdraw the guilty plea. The district court denied
all three motions. Colvin appeals.
appeal, Colvin contends that the district court erred in
denying his motion to correct an illegal sentence and abused
its discretion in denying his motion to withdraw his guilty
plea and motion for appointment of standby counsel.
Motion to Correct Illegal Sentence
appeal, Colvin contends the district court erred when it
denied his motion to correct an illegal sentence. The
district court found that Colvin's motion was barred by
the time limitations contained in Rule 35(b) and that, even
if it were brought under Rule 35(a), that his sentence was
not illegal on the face of the record. Rule 35 is a narrow
rule which allows a trial court to correct an illegal
sentence or to correct a sentence imposed in an illegal
manner. State v. Farwell,144 Idaho 732, 735, 170
P.3d 397, 400 (2007). An illegal sentence apparent from the
face of the record can be corrected at any time. I.C.R.
35(a). However, a sentence imposed in an illegal manner may
only be corrected within 120 days after the judgment of