People v. Swainson

KELLY, Judge.

Defendant, Christy Jon Swainson, appeals from the trial court ruling that it lacked jurisdiction to entertain Swainson’s motion made under Crim.P. 35 for post-conviction reduction of sentence because the motion was filed over two years after the 120-day period prescribed under Crim.P. 35. Swainson argues that the trial court erred in concluding that it lacked jurisdiction since the original sentence was imposed in an illegal manner within the meaning of Crim.P. 35. He also asserts that he was denied effective assistance of counsel when his attorney failed to file a motion within…