(Download) "State Idaho v. James C. Hoffman" by Court of Appeals of Idaho No. 16333 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. James C. Hoffman
- Author : Court of Appeals of Idaho No. 16333
- Release Date : January 12, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
James Hoffman appeals the denial of a motion to correct or reduce his sentence pursuant to I.C.R. 35. The sole issue is whether the district Judge abused his discretion by failing to hold a hearing to consider Hoffman's Rule 35 motion before denying it. We affirm. Hoffman was convicted of burglary and grand larceny. He received concurrent twelve-year indeterminate sentences. After the judgment of conviction was affirmed on appeal, State v. Hoffman, 109 Idaho 127, 705 P.2d 1082 (Ct.App.1985), Hoffman timely filed a Rule 35 motion. The district court denied the motion without first holding a hearing. Hoffman contends that a hearing was needed to inform the district Judge of the changed circumstances of his incarceration in the two and one-half years since the sentence was imposed. The circumstances appear to be Hoffman's progress toward rehabilitation and the adverse effects of overcrowding at the prison.
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