People v. McQuarrie

Opinion by

Judge TAUBMAN.

Defendant, Thomas W. McQuarrie, appeals the district court's order denying his Crim. P. 35 motion. We affirm in part and reverse in part.

Defendant pleaded guilty to unlawful distribution of a schedule II controlled substance and, on February 5, 1996, was sentenced to a ten-year prison term. Although the minute order and the mittimus indicate that defendant must pay $2280 in costs and surcharges as part of his sentence, the sentencing court did not mention this obligation at the sentencing hearing.

Defendant filed the motion at issue on July 28, 2001, claiming that the…