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State v. Sara M. Kuiper-Boles
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*1 Before MELANSON, Chief Judge; GUTIERREZ, Judge;

and GRATTON, Judge

________________________________________________

PER CURIAM

Sara M. Kuiper-Boles pled guilty to injury to a child. Idaho Code § 18-1501(1). The district court sentenced Kuiper-Boles to a unified term of ten years with four years determinate. Kuiper-Boles filed an untimely Idaho Criminal Rule 35 motion, which the district court denied. Kuiper-Boles appeals asserting that the district court abused its discretion by denying her Rule 35 motion.

An I.C.R. 35 motion must be filed within 120 days of the entry of the judgment. I.C.R. 35(b). The 120-day filing limit is jurisdictional and deprives the district court of authority to entertain an untimely motion. State v. Fox , 122 Idaho 550, 552, 835 P.2d 1361, 1363 (Ct.

1

App. 1992). Kuiper-Boles’ Rule 35 motion was not timely filed. Therefore, the district court’s order denying Kuiper-Boles’ Rule 35 motion is affirmed.

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Case Details

Case Name: State v. Sara M. Kuiper-Boles
Court Name: Idaho Court of Appeals
Date Published: Nov 22, 2016
Court Abbreviation: Idaho Ct. App.
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