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State of Idaho v. Jason R. Puckett

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


June 21, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JASON R. PUCKETT, DEFENDANT-APPELLANT.

Appeal from the District Court of the First Judicial District, State of Idaho, Shoshone County. Hon. Fred M. Gibler, District Judge.

Per curiam.

2012 Unpublished Opinion No. 527

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order denying Idaho Criminal Rule 35 motion for reduction of sentence, affirmed.

Before GRATTON, Chief Judge; LANSING, Judge; and GUTIERREZ, Judge

In docket number 39124, Jason R. Puckett pled guilty to petit theft, Idaho Code § 18-2407, and burglary, Idaho Code § 18-1401. The district court sentenced Puckett to a 365 day county jail term for the petit theft and a unified term of ten years, with four years determinate, for the burglary. Both sentences were to be served concurrently with the sentence in docket number 39119. Puckett filed an Idaho Criminal Rule 35 motion as to the burglary sentence, which the district court denied. Puckett appeals.*fn1

A motion for reduction of sentence under Idaho Criminal Rule 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 Puckett's Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court's order denying Puckett's Rule 35 motion is affirmed.


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