State v. Dallas

WALTERS, Chief Judge.

This is an appeal from an order by the district court denying a motion under I.C.R. 35 to correct an allegedly illegal sentence. The question of whether a sentence is illegal, and therefore subject to correction under Rule 35, is an issue for free review on appeal. State v. Josephson, 124 Idaho 286, 858 P.2d 825 (Ct.App.1993). Here, we conclude that the challenged sentence was not illegal, and we affirm the order denying relief under Rule 35.

The appellant, Claude Dallas, was sentenced on two counts of voluntary manslaughter and for using a firearm in committing those…