Cook v. State

MELANSON, Judge.

The state appeals from the district court’s judgment granting Sean M. Cook’s petition for post-conviction relief. For the reasons set forth below, we vacate the judgment.

I

FACTS AND PROCEDURE

In the underlying criminal case, a jury found Cook guilty of rape, I.C. § 18-6101. The district court sentenced Cook to a unified term of thirty years, with a minimum *777period of confinement of ten years. The district court granted Cook’s subsequent I.C.R. 35 motion, reducing his sentence to a unified term of twenty years, with a minimum period of confinement of ten years. Cook then appealed…