State v. Harrod, 49382

CourtCourt of Appeals of Idaho
Writing for the CourtGRATTON, JUDGE
PartiesSTATE OF IDAHO, Plaintiff-Respondent, v. LLOYD HARRISON HARROD, III, Defendant-Appellant.
Docket Number49382
Decision Date14 November 2022

STATE OF IDAHO, Plaintiff-Respondent,
v.

LLOYD HARRISON HARROD, III, Defendant-Appellant.

No. 49382

Court of Appeals of Idaho

November 14, 2022


UNPUBLISHED OPINION

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Gene A. Petty, District Judge.

Orderdenying I.C.R. 35 motion to correct an illegal sentence, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kale D. Gans, Deputy Attorney General, Boise, for respondent.

GRATTON, JUDGE

Lloyd Harrison Harrod, III, appeals from the district court's order denying his Idaho Criminal Rule 35 motion to correct an illegal sentence. Harrod argues the district court did not have authority to impose a sentencing enhancement for the use of a firearm or deadly weapon for the crime of aggravated assault upon a law enforcement officer because that is not one of the delineated crimes in the extended sentence for use of a firearm or deadly weapon statute. For the reasons set forth below, we affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Harrod pled guilty to aggravated assault on a law enforcement officer, Idaho Code §§ 18915, 18-901, 18-905, with a firearm enhancement, I.C. § 19-2520; eluding a peace officer, I.C. § 49-1404(2); and unlawful possession of a firearm, I.C. § 18-3316. The district court imposed a unified term of incarceration of twenty-five years, with eight years determinate, for aggravated

1

assault on a law enforcement officer with a firearm, and a five-year determinate sentence for both the eluding a peace officer charge and the unlawful possession of a firearm charge. The district court ordered the sentences to run concurrently. Harrod appealed, arguing that his sentences are excessive. In an unpublished opinion, this Court affirmed Harrod's judgment of conviction and sentences. State v. Harrod, Docket No. 45988 (Ct. App. Jan. 18, 2019). Harrod filed an I.C.R. 35 motion arguing his sentence is illegal because he was subjected to multiple sentencing enhancements for the use of a firearm. In an unpublished opinion, this Court affirmed the denial of Harrod's first I.C.R. 35 motion. State v. Harrod, Docket No. 48842 (Ct. App. Feb. 23, 2022).

Harrod filed another I.C.R. 35 motion alleging the district court imposed an illegal sentence, because assault on an officer is not a crime for which...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT