State v. Martin, 808 P.2d 1322 (Idaho 1991). · Go Syfert
Search
State v. Martin, 808 P.2d 1322 (Idaho 1991). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case · …we will not address on appeal a challenge to the legality of a sentence where the trial court was not given an opportunity to consider the issue. at p. 1324 ✓
152 citation events (20 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Alexander Jason Woodley (idahoctapp, 2012-03-02)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Alexander Jason Woodley (2×) also: Cited as authority (quoted)
Idaho Ct. App. · 2012 · quote attribution · 2 verbatim quotes · confidence high
we will not address on appeal a challenge to the legality of a sentence where the trial court was not given an opportunity to consider the issue.
discussed Cited as authority (rule) State v. Raul Edgar Herrera
Idaho Ct. App. · 2016 · confidence medium
State v. Martin, 119 Idaho 577, 578-79 , 808 P.2d 1322, 1323-24 (1991); State v. Boss, 122 Idaho 747 , 748 n.1, 838 P.2d 876 , 877 n.1 (Ct. App. 1992); State v. Hernandez, 122 Idaho 227, 229 , 832 P.2d 1162, 1164 (Ct. App. 1992). 2
cited Cited as authority (rule) State v. Michelle Faye McIntosh
Idaho · 2016 · confidence medium
State v. Martin, 119 Idaho 577, 578-79 , 808 P.2d 1322, 1323-24 (1991).
cited Cited as authority (rule) Francisco Pete Tarin v. State
Idaho Ct. App. · 2015 · confidence medium
State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991).
cited Cited as authority (rule) Gary Lynn Morgan v. State
Idaho Ct. App. · 2010 · confidence medium
State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991); State v. Adams, 138 Idaho 624, 628 , 67 P.3d 103, 107 (Ct. App. 2003).
cited Cited as authority (rule) State v. Rogers
Idaho · 2004 · confidence medium
State v. Martin 119 Idaho 577, 578-79 , 808 P.2d 1322, 1323-24 (1991).
cited Cited as authority (rule) State v. Smith
Idaho Ct. App. · 1997 · confidence medium
State v. Mauro, 121 Idaho 178, 181 , 824 P.2d 109, 112 , (1991); State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991).
cited Cited as authority (rule) State v. Sarabia
Idaho · 1994 · confidence medium
Cf State v. Howard, 122 Idaho 9,10 , 830 P.2d 520, 521 (1992); State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991).
cited Cited as authority (rule) State v. Robles-Rivas
Idaho Ct. App. · 1993 · confidence medium
State v. Mauro, [ 121 Idaho 178 , 824 P.2d 109 (1991)]; State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991).
discussed Cited as authority (rule) State v. Boss
Idaho Ct. App. · 1992 · confidence medium
Pursuant to State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991), the issue of the illegality of a sentence may not be raised for the first time on appeal; rather, the defendant must present an I.C.R. 35 motion to the district court seeking the correction of this illegal sentence.
discussed Cited as authority (rule) State v. Hernandez (2×)
Idaho Ct. App. · 1992 · confidence medium
Under the principle of stare decisis, we are constrained by the decisions of our Supreme Court in State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991) and State v. Lavy, 121 Idaho 842 , 828 P.2d 871 (1992), from ordering the district court to correct the illegality of Hernandez’ sentences.
cited Cited as authority (rule) State v. Howard
Idaho · 1992 · confidence medium
State v. Martin, 119 Idaho 577, 578 , 808 P.2d 1322, 1324 (1991).
cited Cited as authority (rule) State v. Lamas
Idaho Ct. App. · 1992 · confidence medium
State v. Mauro, supra; State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991).
discussed Cited as authority (rule) State v. Mauro
Idaho · 1991 · confidence medium
“We will not address on appeal a challenge to the legality of a sentence where the trial court was not given an opportunity to consider the issue.” State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991).
examined Cited "see" State v. Howard (4×)
Idaho · 2011 · signal: see · confidence high
See State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991).
discussed Cited "see" State v. Ewell (2×)
Idaho Ct. App. · 2009 · signal: see · confidence high
See State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991) (Rule 35 allows the trial court to correct an illegal sentence “at any time, on the motion of either the defendant or the state.
discussed Cited "see" Lake v. State (2×)
Idaho Ct. App. · 1994 · signal: see · confidence high
See State v. Martin, 119 Idaho 577 , 808 P.2d 1322 (1991).
discussed Cited "see" McDonald v. State (2×)
Idaho Ct. App. · 1992 · signal: see · confidence high
See State v. Martin, 119 Idaho 577 , 808 P.2d 1322 (1991); State v. Cortez, 122 Idaho 439 , 835 P.2d 674 (Ct.App.1992); State v. Denny, 122 Idaho 563 , 835 P.2d 1374 (Ct.App.1992).
discussed Cited "see" State v. Tesheep (2×)
Idaho Ct. App. · 1992 · signal: see · confidence high
See State v. Martin, 119 Idaho 577, 579 , 808 P.2d 1322, 1324 (1991) (challenge to the legality of a sentence raised for the first time on appeal will not be addressed).
discussed Cited "see, e.g." State v. Denny (2×)
Idaho Ct. App. · 1992 · signal: see also · confidence low
State v. Mauro, 121 Idaho 178 , 824 P.2d 109 (1991); see also State v. Martin, 119 Idaho 577 , 808 P.2d 1322 (1991).
discussed Cited "see, e.g." State v. Hildreth (2×)
Idaho Ct. App. · 1991 · signal: see, e.g. · confidence low
See, e.g., State v. Martin, 119 Idaho 577 , 808 P.2d 1322 (1991).
Retrieving the full opinion text from the archive…
STATE of Idaho, Plaintiff-Appellant,
v.
Norman Ray MARTIN, Defendant-Respondent
18094.
Idaho Supreme Court.
Apr 8, 1991.
808 P.2d 1322
Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-appellant. Myrna A.I. Stahman argued., Van G. Bishop, Nampa, for defendant-respondent.
Per Curiam.
Cited by 61 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Idaho Court of Appeals (1)
PER CURIAM.

This is a criminal sentencing case in which the state appealed from a withheld judgment. The dispositive issue is whether the state has a right to appeal from the imposition of terms and conditions of probation when the state did not raise the issue of the illegality of those terms and conditions in the trial court. We hold that the state does not have the right to appeal.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Norman Ray Martin pled guilty to felony driving without privileges. The trial court granted Martin a withheld judgment and placed Martin on unsupervised probation for one year. As one of the terms and conditions of the probation, the trial court required Martin to serve thirty days in jail, with twenty of these days suspended. Another term and condition of the probation was a three-year suspension of Martin’s driver’s license, with two of these years suspended.

The state did not object to these terms and conditions or seek to have the withheld judgment corrected. Instead, the state appealed, contending that the trial court did not have authority to suspend either a portion of the mandatory minimum thirty days in jail required by I.C. § 18-8001(4)(a), or a portion of the three-year driving privilege suspension required by I.C. § 18-8001(4)(c).

II.

THE STATE DOES NOT HAVE A RIGHT TO APPEAL.

Martin asserts that the state is not entitled to challenge the terms and conditions of the withheld judgment because the state did not give the trial court an opportunity to consider the legality of these terms and conditions. We agree.

An appeal as a matter of right may be taken to this Court from an order granting a withheld judgment. I.A.R. 11(c)(2). The state filed its notice of appeal pursuant to I.A.R. 11(c)(1), which allows appeal from “[f]inal judgments of conviction.” Since this case involves a withheld judgment and not a final judgment of conviction, the state designated the wrong subsection of I.A.R. 11(c) in its notice of appeal. This, however, is not dispositive. In State v. Wagenius, 99 Idaho 273, 276, 581 P.2d 319, 322 (1978), the Court held that “[a]n order withholding judgment, but imposing the criminal sanctions of payment of costs or a fine or incarceration, is a de facto judgment of conviction____”

The more serious problem with the state’s appeal is the state’s failure to raise in the trial court the legality of the terms[*579] and conditions of the probation, which the state now questions. We will not address on appeal a challenge to the legality of a sentence where the trial court was not given an opportunity to consider the issue. We have not been requested to exercise the plenary power granted us by art. 5, § 9 of our constitution to review decisions of the district courts. Therefore, we will not consider reviewing the issue raised by the state pursuant to that power.

I.C.R. 35 allows the trial court to correct an illegal sentence at any time, on the motion of either the defendant or the state. If objection to the illegality of a sentence has not been otherwise raised before the trial court by either the state or the defendant, it may not be raised for the first time on appeal. The state or a defendant may challenge the legality of the sentence in the trial court under I.C.R. 35 and appeal from the trial court’s ruling if necessary.

III.

CONCLUSION.

We dismiss the appeal.