State v. Fox

WALTERS, Chief Judge.

David Spencer Fox received a ten-year sentence upon his plea of guilty to forgery. The sentence was suspended and he was placed on probation. Later, his probation was revoked and the sentence was ordered into execution. He subsequently filed a motion under Idaho Criminal Rule 35 for reconsideration of his sentence. Upon denial of that motion, Fox filed this appeal. He raises two issues. First, he contends the district court abused its discretion by ordering the sentence into execution upon revocation of probation, arguing that his sentence was excessive under the…