State v. Burdett

PERRY, Chief Judge.

Jason Burdett appeals from a judgment of conviction and fixed life sentence imposed pursuant to his plea of guilty to second degree murder. I.C. § 18-4003(g). Burdett also appeals from the denial of his I.C.R. 35 motion. For the reasons set forth below, we affirm.

I

BACKGROUND

In the early morning hours of September 10, 1996, Burdett called 911 because Brooks Comfort, the twenty-month-old son of his girlfriend, was not breathing. An Elmore County ambulance was dispatched. Upon arriving at the scene, an emergency medical technician (EMT) entered the residence and observed that…