State v. Josephson

PERRY, Judge.

Michael Josephson appeals from the denial of his I.C.R. 35 motion to correct an illegal sentence. Because he had already served in excess of the maximum term prescribed by I.C. § 18-902 when the judgment and sentences were imposed, he argued that the district court had no authority to order probation. The district court denied his motion, and he appeals. We affirm the order of the district court.

Josephson was charged with aggravated assault stemming from a May 30, 1989, incident where he attempted to run over and violently injure the victim with an automobile. After negotiations…