State v. Omey

Rule 35, I.C.R., authorizes a convicted felon to seek a reduction of sentence within 120 days after the sentence is imposed. Today we must decide whether a Rule 35 motion may be filed more than 120 days after a sentence is pronounced and suspended, but less than 120 days after the sentence is ordered into effect upon revocation of probation. For reasons explained below, we hold that such a motion is untimely.

The issue is framed by the following facts. Richard Omey pled guilty to a charge of aggravated assault upon a law enforcement officer. The district judge pronounced a ten-year…