State v. McGonigal

JOHNSON, Justice.

This is a criminal case in which there are only two issues:

1. Did the trial court have jurisdiction to resentence the defendant before the defendant had been placed in the custody of the board of correction?

Following State v. Johnson, 101 Idaho 581, 618 P.2d 759 (1980), we conclude that the trial court did have jurisdiction.

2. Did the trial court abuse its discretion in increasing the defendant’s sentence?

Applying the standards stated in State v. Broadhead, 120 Idaho 141, 814 P.2d 401 (1991), overruled on other grounds by State v. Brown, 121 Idaho 385, 825 P.2d 482 (1992), we…