State v. Lute

BURDICK, Justice.

This ease arises on appeal from the district court’s denial of Daniel Lute’s Idaho Criminal Rule 35 motion for correction of an illegal sentence. Lute argues that the grand jury that indicted him was acting without authority as its commission had expired and, therefore, the district court had no subject matter jurisdiction over his case and could not properly enter a Judgment of conviction. Lute further argues that the conviction underlying his sentence is for something that is not a crime in Idaho and, as such, any sentence given for such conduct is necessarily illegal. We…