State v. Clements

I join in the Court’s decision. However, I write separately to address the impact of this Court’s decision on a line of decisions from the Idaho Court of Appeals.

The majority decision quotes from the Indiana Supreme Court’s decision in Robinson v. State, 805 N.E.2d 783 (Ind.2004). In Robinson, the claim of an “illegal sentence” related to credit for time served prior to sentencing and corresponding “credit time” under Indiana law. The Indiana court held that the motion to correct sentence “may only be used to correct sentencing errors that are clear from the face of the judgment ...” The…