(Download) "State Idaho v. Donald Maggard" by Court of Appeals of Idaho " Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Donald Maggard
- Author : Court of Appeals of Idaho
- Release Date : January 29, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Per Curiam This is an appeal by the defendant, Donald Maggard, from an order denying his motion under I.C.R. 35 to reduce
sentences imposed upon his conviction on two counts of lewd conduct with a minor child under the age of sixteen. I.C. §
18-1508. Maggard contends that the denial of his motion was an abuse of the district court's discretion. In response, the
State urges that the district court lost jurisdiction to consider the motion when the court took the motion under advisement
for six months. For the following reasons, we agree with the State's argument, and we affirm the order denying Maggard's motion. Maggard pled guilty to two counts of lewd conduct involving his twelve-year-old cousin. He was sentenced to thirteen years
with a minimum period of confinement of three years, on each count, and the court ordered that the sentences be served concurrently.
After a period of retained jurisdiction, the district court entered an order suspending execution of the balance of the sentences
and released Maggard on probation. Several months later Maggard was found to have violated the terms of his probation. Rather
than revoking probation, however, the court reinstated the probation with additional conditions.
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