Description:

Boise, Idaho criminal defense lawyer represented the Defendant seeking post-conviction relief.

Leonard pleaded guilty to one count of sexual battery of a minor and one count of lewd conduct with a minor, both felonies. For each count, the district court sentenced Leonard to a concurrent, unified sentence of thirty years, with twelve years determinate. At sentencing, the district court advised Leonard of his right to file an appeal. No appeal was filed. Through new counsel, Leonard filed an Idaho Criminal Rule 35 motion for a reduction of his sentence; the district court denied the motion. Rule 35 counsel sent Leonard a letter, informing him that the district court had denied Leonard's Rule 35 motion but did not tell Leonard he could appeal the denial of the Rule 35 motion. As a result, no appeal from the denial of the Rule 35 motion was timely filed. Leonard, acting pro se, then filed an untimely appeal from the denial of the Rule 35. Rule 35 counsel withdrew, and Leonard was appointed a public defender who moved the district court to find good cause to extend the deadline for filing an appeal from the denial of Leonard's Rule 35 motion. The district court granted the motion and extended the deadline for Leonard to file an appeal. The Idaho Supreme Court ultimately dismissed the appeal as untimely and noted that the district court lacked authority to extend the appellate filing deadline.

Leonard v. State, 50596 (Idaho App. Nov 06, 2024)

Outcome: Affirmed

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Defendant's Experts:

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