State v. Couch

OPINION

COATS, J.

John M. Couch was incarcerated on the felony offenses of driving while intoxicated and failure to remain and render assistance at an injury accident. 1 He applied to the superior court for a temporary release so that he could visit his grandfather who was dying of cancer in Idaho. Couch relied on Criminal Rule 35(b)(1) which provides that “[t]he court may modify or reduce a sentence within 180 days of the distribution of the written judgment_” Although Couch was beyond the 180-day period set forth in the rule, he argued that the superior court had the authority to relax the…