Rust v. State

OPINION ON REHEARING

RABINO WITZ, Justice.

In its petition for rehearing, the state takes exception to this court’s discussion of Rust’s claim that he was entitled to receive treatment for his dyslexic condition. The crux of the state’s position in its petition for rehearing is that the superior court, sitting as a sentencing court, lacked jurisdiction to inquire into treatment decisions of the Division of Corrections, particularly in the procedural context of a Criminal Rule 35(a) motion. 1

In support of this contention, the state argues that the issues in the instant case do not involve any…