State v. Harvey

PERRY, Chief Judge.

James Harvey appeals from the district court’s order denying his motion to reconsider the district court’s order denying an I.C.R. 35 motion to correct an illegal sentence. We affirm.

I

FACTS AND PROCEDURE

In 1986, Harvey was sentenced to a determinate term of twenty years for lewd con duct with a minor under the age of sixteen. Following a period of retained jurisdiction, on November 10, 1986, the district court placed Harvey on probation for a period of seven years. On September 28, 1989, the state filed a petition alleging that Harvey had violated the conditions of his…