State v. Araiza

WALTERS, Chief Judge.

Following his pleas of guilty to robbery and to battery with intent to commit robbery, Rodney Araiza was sentenced to two concurrent, indeterminate ten-year terms in the custody of the State Board of Correction. He later filed a motion under I.C.R. 35 for reconsideration of his sentences, asking that the sentences be reduced to six years each. The motion was summarily denied by the district court following receipt of a letter from the prosecuting attorney asserting that Araiza’s motion had not been filed within 120 days after his sentences were imposed. See I.C.R. 35.…