Legal Opinion

State v. Haggard

Idaho Court of Appeals

Decided May 6, 2008No. 33948PublishedCited by 1 opinion

1Opinion of the Court

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED FEBRUARY 11, 2008, IS HEREBY WITHDRAWN

GUTIERREZ, Chief Judge.

Lonnie Lee Haggard appeals from the denial of his Idaho Criminal Rule 35 motion to correct an illegal sentence. We affirm.

I

BACKGROUND

In November of 1989, Haggard was found guilty of two counts of burglary, I.C. §§ 18-1401, 18-1402, 18-1404, 1 aggravated battery with the intent to commit rape, I.C. §§ 18-911, and two counts of misdemeanor petit theft, I.C. §§ 18-2403(1), 18-2407. Haggard also was found to be a persistent violator and therefore subject to a sentence enhancement…

2Cases cited20 opinions

  1. Gryger v. BurkeSupreme Court of the United States · 1948
  2. United States v. BrownSupreme Court of the United States · 1965
  3. State v. ThorneWashington Supreme Court · 1996
  4. State v. ZichkoIdaho Supreme Court · 1996
  5. State v. LovelaceIdaho Supreme Court · 2003

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3Cited by1 opinion

  1. Henry, TerranceCourt of Appeals of Texas · 2015

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