State v. Rhoades

TROUT, Chief Justice.

This is an appeal from a ruling by the district judge denying Paul Rhoades’ (Rhoades) motion under Rule 35 of the Idaho Criminal Rules to correct an illegal sentence. Rhoades’ motion challenges the three sentence enhancements for use of a firearm imposed as a part of Rhoades’ sentences for murder, kidnapping, and robbery.

I

FACTUAL AND PROCEDURAL BACKGROUND

Rhoades entered a convenience store in Blackfoot, Idaho on February 28, 1987, and robbed the store clerk, Stacy Baldwin (Baldwin) at gunpoint. He then forced Baldwin into his pickup truck and drove to a secluded area…