State v. Murphy

Michael David Murphy was convicted of robbery and three counts of rape and was sentenced to concurrent terms of life imprisonment with forty years determinate. Murphy filed an Idaho Criminal Rule 35 motion for correction of an illegal sentence, which the district court denied. Murphy appeals, contending that his sentences exceed the maximum sentences that could be applied as a matter of law.

Murphy asserts that a life sentence by law and/or custom in Idaho is subject to a maximum of thirty years imprisonment and, therefore, imposition of life imprisonment, with forty years determinate, exceeds…