Legal Opinion
State v. Gervasi
Idaho Court of Appeals
Decided April 30, 2003No. 27745PublishedCited by 1 opinion
1Opinion of the Court
GUTIERREZ, Judge.
Jeremie W. Gervasi appeals from the sentence imposed upon his guilty plea to eluding a police officer, I.C. § 49-1404(2)(c). Gervasi argues that the district court erred in failing to afford Gervasi his right of allocution and thus, his sentence should be vacated. Gervasi also appeals from the denial of his Rule 35 motion. We vacate Gervasi’s sentence and remand the case for resentencing.
I
FACTS AND PROCEDURAL HISTORY
In February 2001, a deputy sheriff observed Gervasi’s vehicle exceeding the posted speed limit, and attempted to execute a traffic stop. Because Gervasi knew he…
2Cases cited14 opinions
- Hill v. United StatesSupreme Court of the United States · 1962
- State v. ToohillIdaho Court of Appeals · 1982
- Oregon v. HassSupreme Court of the United States · 1975
- Green v. United StatesSupreme Court of the United States · 1961
- Gary Stewart Boardman v. Wayne Estelle, WardenCourt of Appeals for the Ninth Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. Scott Anthony HansenIdaho Court of Appeals · 2013