Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.
2011 Unpublished Opinion No. 563
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
Order denying I.C.R. 35 motion for reduction of sentence, affirmed.
Before LANSING, Judge; GUTIERREZ, Judge; and MELANSON, Judge
Sasha Dee Martinez was convicted of attempting to obtain a controlled substance by fraud, Idaho Code §§ 37-2732(a)(3), 18-306. The district court imposed a unified sentence of two years with one year determinate and retained jurisdiction. Following the period of retained jurisdiction, the district court relinquished jurisdiction. Martinez filed an Idaho Criminal Rule 35 motion, which the district court denied. Martinez appeals from the denial of his Rule 35 motion.
A Rule 35 motion is a request for leniency which is addressed to the sound discretion of the sentencing 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, 159 P.3d 838 (2007). Our focus on review is upon the nature of the offense and the character of the offender. State v. Reinke, 103 Idaho 771, 772, 653 P.2d 1183, 1184 (Ct. App. 1982). Where a sentence is not illegal, the appellant must show that it is unreasonably harsh in light of the primary objective of protecting society and the related goals of deterrence, rehabilitation and retribution. State v. Broadhead, 120 Idaho 141, 145, 814 P.2d 401, 405 (1991), overruled on other grounds by State v. Brown, 121 Idaho 385, 825 P.2d 482 (1992); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982).
Having reviewed the record, including the new information submitted with Martinez's Rule 35 motion, we find no abuse of discretion in the district court's denial of the motion. Accordingly, the district court's order denying Martinez's I.C.R. 35 motion is affirmed.
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