State v. Hirshbrunner

Idaho Court of Appeals

State v. Hirshbrunner

667 P.2d 271, 105 Idaho 168, 1983 Ida. App. LEXIS 245

CourtIdaho Court of Appeals

DecidedJuly 26, 1983

Docket14858

StatusPublished

Cited by3 cases

This text of 667 P.2d 271 (State v. Hirshbrunner) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Hirshbrunner, 667 P.2d 271, 105 Idaho 168, 1983 Ida. App. LEXIS 245 (Idaho Ct. App. 1983).

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Opinion

PER CURIAM.

John Hirshbrunner has appealed the denial of a motion under I.C.R. 35 for reduction of an indeterminate sentence of twenty years imposed for robbery and for carrying a firearm during the commission of a crime. He raises two issues: Did the trial judge abuse his discretion by imposing an excessive sentence? Did the judge abuse his discretion by denying the motion for reduction of sentence?

Initially, we must explain the limits of our jurisdiction to address the first issue. The judgment of conviction which included the sentencing order was a final judgment for purposes of appeal. The district judge did not retain jurisdiction of defendant under I.C. § 19-2601. Therefore, when the *169 judgment was filed on May 26, 1982, the forty-two day appeal period allowed by I.A.R. 14 started to run. No motions affecting the judgment were filed within the forty-two day period. The time within which Hirshbrunner could have appealed from the sentence had expired at least three weeks before he filed his motion for reduction of sentence on July 30, 1982. Consequently, we are without jurisdiction to entertain, in this appeal, the question of whether the judge abused his discretion by imposing the sentence. Compare State v. Tucker, 103 Idaho 885, 888, 655 P.2d 92, 95 (Ct.App.1982) and State v. Fuller, 104 Idaho 891, 665 P.2d 190 (Ct.App.1983).

As to the second issue, our review is necessarily limited to the record furnished by the appellant. The record furnished in this case has shown us nothing indicating that the trial judge abused his discretion in denying the motion for reduction of sentence. The sentence does not appear on its face to be unlawful or excessive. Accordingly, we affirm the order which denied the motion to reduce the sentence.

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PER CURIAM.

John Hirshbrunner has appealed the denial of a motion under I.C.R. 35 for reduction of an indeterminate sentence of twenty years imposed for robbery and for carrying a firearm during the commission of a crime. He raises two issues: Did the trial judge abuse his discretion by imposing an excessive sentence? Did the judge abuse his discretion by denying the motion for reduction of sentence?

Initially, we must explain the limits of our jurisdiction to address the first issue. The judgment of conviction which included the sentencing order was a final judgment for purposes of appeal. The district judge did not retain jurisdiction of defendant under I.C. § 19-2601. Therefore, when the *169 judgment was filed on May 26, 1982, the forty-two day appeal period allowed by I.A.R. 14 started to run. No motions affecting the judgment were filed within the forty-two day period. The time within which Hirshbrunner could have appealed from the sentence had expired at least three weeks before he filed his motion for reduction of sentence on July 30, 1982. Consequently, we are without jurisdiction to entertain, in this appeal, the question of whether the judge abused his discretion by imposing the sentence. Compare State v. Tucker, 103 Idaho 885, 888, 655 P.2d 92, 95 (Ct.App.1982) and State v. Fuller, 104 Idaho 891, 665 P.2d 190 (Ct.App.1983).

As to the second issue, our review is necessarily limited to the record furnished by the appellant. The record furnished in this case has shown us nothing indicating that the trial judge abused his discretion in denying the motion for reduction of sentence. The sentence does not appear on its face to be unlawful or excessive. Accordingly, we affirm the order which denied the motion to reduce the sentence.

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667 P.2d 271, 105 Idaho 168, 1983 Ida. App. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hirshbrunner-idahoctapp-1983.

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