STATE v. IRELAND, 40494 (2013)
Court: Court of Appeals of Idaho
Number: inidco20131126277
Visitors: 2
Filed: Nov. 26, 2013
Latest Update: Nov. 26, 2013
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Anthony C. Ireland, aka Craig Ireland pled guilty to lewd conduct with a minor under sixteen. I.C. 18-1508. In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Ireland to a unified term of twenty years, with a minimum period of confinement of five years. Ireland filed an I.C.R 35 motion, which the district court denied. Ireland appeals. A motion for reduction of sente
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Anthony C. Ireland, aka Craig Ireland pled guilty to lewd conduct with a minor under sixteen. I.C. 18-1508. In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Ireland to a unified term of twenty years, with a minimum period of confinement of five years. Ireland filed an I.C.R 35 motion, which the district court denied. Ireland appeals. A motion for reduction of senten..
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
PER CURIAM.
Anthony C. Ireland, aka Craig Ireland pled guilty to lewd conduct with a minor under sixteen. I.C. § 18-1508. In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Ireland to a unified term of twenty years, with a minimum period of confinement of five years. Ireland filed an I.C.R 35 motion, which the district court denied. Ireland appeals.
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). Upon review of the record, including the new information submitted with Ireland's Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court's order denying Ireland's Rule 35 motion is affirmed.
Source: Leagle
