Wednesday, December 23, 2009

Substitute Opinion in Lampien

The Court issued a substitute opinion in State v. Lampien today. The original opinion came out on October 2nd and was SCOIDBlogged in "State Breaches Plea Agreement by Opposing Rule 35 Motion When it Agreed to be Bound to Sentencing Recommendation."

The opinion has been amended by the addition of language on pages 10-11 and 13 explaining why the breach of plea agreement issue was adequately preserved for appeal. Here's the substitute opinion: http://www.isc.idaho.gov/opinions/Lampien%20SUBOpinion.pdf.

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