State v. Sutton

SWANSTROM, Judge.

Robbie Ray Sutton appeals from an order denying his motion under I.C.R. 35 for reconsideration of an indeterminate sentence of five years for burglary. He raises two issues. The first is whether the district court abused its discretion by imposing an excessive sentence; the second is whether the district court erred by not amending his sentence to give him credit for the time he spent on probation. For reasons stated below, we affirm.

First, we must address a threshold question. The state contends that the district court lacked jurisdiction to rule on Sutton’s motion. Rule 35…