State of Idaho v. Albert A. Ciccone, 150 Idaho 305

Summary

The Idaho Supreme Court dismissed Albert Ciccone’s appeal from murder convictions because his notice of appeal was filed outside the applicable 42-day period. The court held that the original judgment was entered on June 7, 2005, despite a clerical error in the filing stamp, and that a substantively identical amended judgment did not restart the appeal period.

Holdings

1. The judgment was effectively filed and entered on June 7, 2005; the May 7, 2005 filing-stamp date was a clerical error that did not invalidate the judgment.
2. An amended judgment does not enlarge or restart the time for appeal when it alters only clerical matters and does not change the material terms from which an appeal may be taken.
3. The appeal had to be dismissed for lack of jurisdiction because Ciccone's August 2, 2005 notice of appeal was filed more than 42 days after the June 7, 2005 entry of judgment.

Questions Presented

1. Whether the June 7, 2005 judgment was effectively entered despite the clerk's erroneous May 7, 2005 filing-stamp date.
2. Whether an amended judgment that changes only clerical dates, while leaving the substantive sentence and judgment terms unchanged, triggers a new 42-day period for filing a notice of appeal.
3. Whether the Idaho Supreme Court had jurisdiction over Ciccone's appeal.

Disposition

dismissed