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State of Idaho v. Victor Paul Benavente

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


July 25, 2012

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
VICTOR PAUL BENAVENTE, AKA VICTOR RAUL BENAVENTE, DEFENDANT-APPELLANT.

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Gregory M. Culet, District Judge.

Per curiam.

2012 Unpublished Opinion No. 562

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and concurrent unified sentences of twenty-five years, with a minimum period of confinement of ten years, for conspiracy to traffic in cocaine, two counts of trafficking in cocaine, and one count of aiding and abetting in the trafficking of cocaine, affirmed; order denying I.C.R. 35 motion for reduction of sentence, affirmed.

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

Victor Paul Benavente pleaded guilty to conspiracy to traffic in cocaine, Idaho Code §§ 37-2732B(a)(2), 37-2732B(b), 19-304(2); two counts of trafficking in cocaine, I.C. §§ 37- 2732B(a)(2), 19-304(2); and one count of aiding and abetting in the trafficking of cocaine, I.C. §§ 37-2732B(a)(2), 19-304(2). The district court sentenced Benavente to a unified term of twenty-five years, with a minimum period of confinement of ten years. Benavente filed an Idaho Criminal Rule 35 motion, which the district court denied. Benavente 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 Benavente'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, Benavente's judgment of conviction and sentence, and the district court's order denying Benavente's Rule 35 motion, are affirmed.

20120725

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