State v. Burnight

TROUT, Chief Justice.

This is an appeal from the district judge’s judgment and sentence entered upon James Joseph Burnight’s (Burnight) pleas of guilty to attempted robbery and two counts of attempted murder in the first degree with firearm enhancements. Burnight also appeals the district judge’s denial of his Rule 35 motion.

I

FACTUAL AND PROCEDURAL BACKGROUND

On October 4, 1996, Burnight and Steve Fabney attempted to rob Benny’s Pawn Shop in Meridian, Idaho. During the attempted robbery, Burnight shot the two clerks working at the pawn shop. Burnight was charged with two counts of first degree…