State v. Vetsch

The defendant Charles Bernard Vetsch, who pleaded guilty to second degree murder, appeals from the district court’s denial of his motion for reconsideration of an earlier motion for correction or reduction of sentence. The trial court denied the original motion for reduction of sentence made pursuant to Rule 35 of the Idaho Criminal Rules on the ground that the motion was filed long after the 120 day period provided for in Rule 35.

Upon petition for reconsideration, the defendant claimed that an illegal sentence had been imposed. Under Rule 35, a motion for correction or reduction of sentence…