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STATE v. MORRISON, 38080. (2011)

Court: Court of Appeals of Idaho Number: inidco20110404144 Visitors: 2
Filed: Apr. 04, 2011
Latest Update: Apr. 04, 2011
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Stephen John Morrison pled guilty to an amended charge of felony domestic violence. I.C. 18-918(2)(a) and 18-903(a). In exchange for his guilty plea, additional counts were dismissed. The district court sentenced Morrison to a unified term of ten years, with a minimum period of confinement of two years. Morrison filed an I.C.R 35 motion, which the district court denied. Morrison appeals. Sentencing is a matter f
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

Stephen John Morrison pled guilty to an amended charge of felony domestic violence. I.C. §§ 18-918(2)(a) and 18-903(a). In exchange for his guilty plea, additional counts were dismissed. The district court sentenced Morrison to a unified term of ten years, with a minimum period of confinement of two years. Morrison filed an I.C.R 35 motion, which the district court denied. Morrison appeals.

Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant's entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Next, we review whether the district court erred in denying Morrison's Rule 35 motion. A motion for reduction of sentence under I.C.R. 35 is essentially a plea for leniency, addressed to the sound discretion of the court. State v. Knighton, 143 Idaho 318, 319, 144 P.3d 23, 24 (2006); State v. Allbee, 115 Idaho 845, 846, 771 P.2d 66, 67 (Ct. App. 1989). In presenting a Rule 35 motion, the defendant must show that the sentence is excessive in light of new or additional information subsequently provided to the district court in support of the motion. State v. Huffman, 144 Idaho 201, 203, 159 P.3d 838, 840 (2007). In conducting our review of the grant or denial of a Rule 35 motion, we consider the entire record and apply the same criteria used for determining the reasonableness of the original sentence. State v. Forde, 113 Idaho 21, 22, 740 P.2d 63, 64 (Ct. App. 1987); Lopez, 106 Idaho at 449-51, 680 P.2d at 871-73. Upon review of the record, we conclude no abuse of discretion has been shown.

Therefore, Morrison's judgment of conviction and sentence, and the district court's order denying Morrison's Rule 35 motion, are affirmed.

Source:  Leagle

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