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STATE v. ROJAS, 42804 (2015)

Court: Court of Appeals of Idaho Number: inidco20151028209 Visitors: 15
Filed: Oct. 28, 2015
Latest Update: Oct. 28, 2015
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Jonathan Daniel Rojas entered an Alford 1 plea to felony domestic battery, Idaho Code 18-903(a), (b), and 18-918(3)(c); and felony violation of a no contact order, I.C. 18-920. In exchange for his guilty plea, additional charges were dismissed. The district court imposed concurrent unified sentences of five years, with minimum terms of confinement of two years. Rojas filed an Idaho Criminal Rule 35 motion
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Jonathan Daniel Rojas entered an Alford1 plea to felony domestic battery, Idaho Code §§ 18-903(a), (b), and 18-918(3)(c); and felony violation of a no contact order, I.C. § 18-920. In exchange for his guilty plea, additional charges were dismissed. The district court imposed concurrent unified sentences of five years, with minimum terms of confinement of two years. Rojas filed an Idaho Criminal Rule 35 motion for reduction of his sentences, which the district court denied. Rojas 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 Rojas'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, Rojas's judgment of conviction and sentences, and the district court's order denying Rojas's Rule 35 motion, are affirmed.

FootNotes


1. See North Carolina v. Alford, 400 U.S. 25 (1970).
Source:  Leagle

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