State v. Hoffman

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 af firmed 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…