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eBook details

• Title: State Idaho v. David Spencer Fox
• Author : Court of Appeals of Idaho
• Release Date : January 03, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

David Spencer Fox received a ten-year sentence upon his plea of guilty to forgery. The sentence was suspended and he was placed on probation. Later, his probation was revoked and the sentence was ordered into execution. He subsequently filed a motion under Idaho Criminal Rule 35 for reconsideration of his sentence. Upon denial of that motion, Fox filed this appeal. He raises two issues. First, he contends the district court abused its discretion by ordering the sentence into execution upon revocation of probation, arguing that his sentence was excessive under the circumstances. Second, he submits the district court erred as a matter of law in denying the Rule 35 motion, when the court held that a one-year delay prior to hearing the motion was unreasonable and constituted judicial invasion of the functions of the Commission on Pardons and Parole. We affirm.

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