An Illegal Sentence Must be Illegal on its Face In Order to Get Rule 35 Relief

Michael Clements filed an I.C.R. 35 motion to correct an illegal sentence. He argued that the two weapon enhancements imposed were illegal because both shootings arose from the same indivisible course of conduct under I.C. § 19-2520E. The district court agreed and resentenced him. The State appealed and today the Supreme Court reversed, finding that "the district court lacked authority under Rule 35 to examine the underlying facts of Clements's case."

The Court held that "the interpretation of 'illegal sentence' under Rule 35 is limited to sentences that are illegal from the face of the record, i.e., those sentences that do not involve significant questions of fact nor an evidentiary hearing to determine their illegality."

State v. Clements, http://www.isc.idaho.gov/opinions/clements%20final%20opn.pdf

Mr. Clements pleaded guilty to second-degree murder with a firearm enhancement for the death of Mary Ellen Johnson and attempted second-degree murder with a firearm enhancement for the shooting of Lori Anne Oakes. Perhaps the result here would have been different had he gone to trial and there was a record which clearly established the shootings arose from the same indivisible course of conduct. In that case there would not be significant questions of fact and no evidentiary hearing would be required.