Legal Opinion

State v. Holdaway

Idaho Court of Appeals

Decided August 1, 1997No. 23050PublishedCited by 7 opinions

1Opinion of the Court

LANSING, Judge.

In this case we address the circumstances under which a defendant who has received the sentence to which he stipulated in a plea agreement may justifiably seek reduction of that sentence by a post-judgment motion under Idaho Criminal Rule 35.

Gary Boyd Holdaway was charged with possession of a controlled substance (methamphetamine) with intent to deliver, a violation of I.C. § 37-2732(a)(l)(A). Holdaway entered into a written plea agreement by which the State agreed to amend the charge to a lesser offense, possession of a controlled substance, I.C. § 37-2732(e)(l). The State…

2Cases cited8 opinions

  1. State v. RutherfordIdaho Court of Appeals · 1985
  2. State v. RutherfordIdaho Court of Appeals · 1985
  3. United States v. Ronald H. SemlerCourt of Appeals for the Ninth Circuit · 1989
  4. State v. MurphyIdaho Supreme Court · 1994
  5. State v. WadeIdaho Court of Appeals · 1994

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3Cited by7 opinions

  1. State v. FuhrimanIdaho Court of Appeals · 2002
  2. State v. PersonIdaho Court of Appeals · 2007
  3. State v. Andrew TaylorIdaho Court of Appeals · 2014
  4. State v. NeilanNorth Dakota Supreme Court · 2021
  5. McBride v. United StatesDistrict of Columbia Court of Appeals · 2021

2 more not listed; retrieve them via the Exa API.

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