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eBook details

• Title: State Idaho v. Carl Money
• Author : Court of Appeals of Idaho No. 15633
• Release Date : January 03, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Carl Money appeals from a court order denying his motion to reduce a sentence under I.C.R. 35 and granting the state's motion to confiscate a shotgun used in the commission of the crime charged. Money was originally sentenced, on April 6, 1983, to a twelve-year indeterminate term for murder in the second degree, I.C. § 18-4001, 18-4003, together with a consecutive indeterminate two-year period for use of a firearm, I.C. § 19-2520. On April 8, the trial court, on its own motion, corrected the sentence increasing the enhancement period from two years to three years, the minimum term required by I.C. § 19-2520. Because Money was not present when his sentence was corrected he asserts that his right to due process was violated. He contends that the corrected sentence is invalid. He asks that it be vacated and that he be resentenced legally. Approximately five months after Money was sentenced, the state moved to confiscate the murder weapon, Money's shotgun, pursuant to I.C. § 19-3807. Following a hearing, the district court granted the motion. On appeal, Money contends his rights to due process of law were again violated by the procedure used in the confiscation of his shotgun. We vacate the sentence, but not the adjudication of guilt, and remand for resentencing. We affirm the order confiscating the firearm.

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