State v. Camarillo

BURNETT, Judge.

This appeal comes to us from an order denying a motion to correct an allegedly illegal sentence under Idaho Criminal Rule 35. Sammy Camarillo is serving a twenty-year indeterminate sentence for second degree murder, enhanced by an additional indeterminate period of ten years for using a firearm during commission of the crime. The sole issue is whether the sentence imposed was illegal because the district judge characterized the ten-year enhancement as a “consecutive” sentence. Although we disapprove of this terminology, we hold that it does not render the sentence illegal.…