State v. Phillippi

This is an appeal from an order denying a motion by Dennis Phillippi under I.C.R. 35 to correct his sentences imposed for robbery and aggravated battery. He had received ten-year indeterminate sentences on those charges, to be served concurrent-; ly. The sentences were enhanced by an additional five-year indeterminate term for the use of a firearm in the commission of; the robbery and battery. By his motion, Phillippi claimed the sentences as imposed were illegal because the district court characterized the five-year enhancement as a “consecutive” sentence. The district court denied…