State v. Lute, 150 Idaho 837

May 6, 1993 grand jury indicted Lute for Battery with the Intent to Commit a Serious Felony (Kidnapping).
Plea agreement amended indictment to remove rape, resulting charge: Battery with Intent to Commit a Serious Felony, to wit, Kidnapping, I.C. §§ 18-903, 18-911.
Judgment of conviction entered August 17, 1993; sentence five years fixed, running concurrently with another sentence; ambiguity on which serious felony.
August 30, 2007, Lute filed I.C.R. 35 motion; district court amended judgment to specify Kidnapping.
January 29, 2008, Lute filed second I.C.R. 35 motion arguing the crime was not proscribed and that the grand jury term had expired; district court denied.
Court of Appeals affirmed; Idaho Supreme Court granted review; issue centers on grand jury authority and subject matter jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court had jurisdiction given expired grand jury.	Lute	Lute	District court lacked subject matter jurisdiction; indictment invalid.
Whether the conviction was for a non-crime and thus illegal.	Lute	Lute	No valid indictment; conviction void for lack of jurisdiction.
Whether mootness prevents review of I.C.R. 35 relief despite completed sentence.	Lute	State	Not moot; collateral consequences sustain review.

State v. Dalling, 128 Idaho 203 (1996) (grand jury term expired but indicted after; invalid indictment voids jurisdiction)
State v. Kavajecz, 139 Idaho 482 (2003) (courts may vacate convictions sua sponte for jurisdictional defects)
State v. Jakoski, 139 Idaho 352 (2003) (final judgment generally ends jurisdiction absent statute; but defects may be reviewed)
State v. Rogers, 140 Idaho 223 (2004) (information/indictment confers subject matter jurisdiction)
State v. Urrabazo, 150 Idaho 158 (2010) (subject matter jurisdiction is fundamental; can be raised sua sponte)
State v. Barros, 131 Idaho 379 (1998) (jurisdiction and criminal procedure standards underpin review)