06/02/93 State Idaho V. George Louis Boman

George Louis Boman was charged with attempted robbery, I.C. § 18-6501; burglary in the first degree, I.C. §§ 18-1401, 1402 and 1404; battery with intent to commit a serious felony, I.C. §§ 18-903 and -911; and use of a deadly weapon during the commission of a felony, I.C. § 19-2520. During trial, a police detective testified that Boman had admitted to being a drug addict. Boman's objection to this testimony was overruled. At the close of evidence the state moved to dismiss the attempted robbery charge. The court granted the motion and explained to the jury, over Boman's objection, the reason for the dismissal. After Boman was found guilty and sentenced he moved for reconsideration of his sentence under I.C.R. 35. The court, without a hearing, denied the motion. Boman filed a timely appeal from his judgments of conviction and sentences. For the reasons stated below we affirm.