State v. Lindquist

SILAK, Judge.

This is an appeal from the district court’s denial of an I.C.R. 35 motion. The defendant filed a Rule 35 motion more than eight years after his sentence was imposed. He contends that a new sentence was imposed when the district court issued an order clarifying the original sentence. He contends that, because he filed the Rule 35 motion within 120 days of the clarification order, the motion was filed in a timely manner. We disagree. For the reasons stated below, we affirm the order of the district court.

The facts of this case are as follows. Phillip Lindquist was hired by a…