State v. Vann, 010419 IDCCA, 45826

Docket Nº:45826
Opinion Judge:LORELLO, JUDGE.
Party Name:STATE OF IDAHO, Plaintiff-Respondent, v. JARRETT LEE VANN, Defendant-Appellant.
Attorney:Eric D. Fredericksen, State Appellate Public Defender; Maya P. Waldron, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jeff Nye, Deputy Attorney General, Boise, for respondent.
Judge Panel:Chief Judge GRATTON and Judge HUSKEY, CONCUR.
Case Date:January 04, 2019
Court:Court of Appeals of Idaho
 
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STATE OF IDAHO, Plaintiff-Respondent,

v.

JARRETT LEE VANN, Defendant-Appellant.

No. 45826

Court of Appeals of Idaho

January 4, 2019

UNPUBLISHED OPINION

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

Order denying motion to withdraw guilty plea, affirmed; order denying I.C.R. 35 motion for correction of illegal sentence, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Maya P. Waldron, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jeff Nye, Deputy Attorney General, Boise, for respondent.

LORELLO, JUDGE.

Jarrett Lee Vann appeals from the district court's orders denying Vann's motion to withdraw his guilty plea and his I.C.R. 35 motion for correction of an illegal sentence. For the reasons set forth below, we affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2008, the district court entered a judgment of conviction on Vann's guilty plea to possession of sexually exploitative material. The district court imposed a unified ten-year sentence, with three years determinate, and ordered the sentence to run concurrently "with any other sentence being served." Because Vann had been on parole in relation to a federal case when he committed the underlying offense in this case, the judgment of conviction indicated the district court would "have no objection" to Vann serving his state sentence "either in the custody of the Idaho Department of Corrections or the Federal Bureau of Prisons." Vann did not appeal from his judgment of conviction.

In October 2017, Vann filed a motion to withdraw his guilty plea. Vann's motion was based on the parole commission's discretionary determination that he would not receive credit for time served, including time he spent in federal prison while on parole in this case. Vann argued that the loss of credit deprived him of the "concurrent operation" of his sentence, which he alleged violated his plea agreement. Vann also filed a motion pursuant to I.C.R. 35, claiming his sentence is illegal for the same reasons...

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