State v. Chapman

SWANSTROM, Judge.

In 1981, Roger Chapman was sentenced to an indeterminate fifteen years for committing the crime of battery with intent to commit rape in Clearwater County, Idaho. He was placed on probation but in 1985 the district court ordered Chapman to serve his sentence after he violated the conditions of probation. Chapman appealed. When the revocation order was upheld on appeal, Chapman filed a motion under I.C.R. 35, asking for probation or a reduction of his sentence. Twenty-nine months later, the district court denied the motion. After another month passed, Chapman filed a “motion…