State v. Clayton

SWANSTROM, Judge.

A jury found Aundrea Clayton guilty of first degree burglary and petit theft. I.C. §§ 18-1401, -1402, -2403 and -2407. The district judge sentenced him to a three-year indeterminate term for the burglary and a concurrent six-month indeterminate term for the petit theft. Four months after sentencing, Clayton filed a timely Rule 35 motion for reconsideration of his sentence. Specifically, he requested reduction of his indeterminate three-year sentence to six months incarceration followed by probation. The court held a hearing on the motion at which only Clayton presented…