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State of Idaho v. Kimberly Lynn Pope

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


October 18, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
KIMBERLY LYNN POPE,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Michael E. Wetherell, District Judge.

Per curiam.

2012 Unpublished Opinion No. 681

) Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 GRATTON, Chief Judge; GUTIERREZ, Judge; and MELANSON, Judge

Kimberly Lynn Pope pled guilty to felony driving under the influence. I.C. § 18-8004, 18-8005(6). The district court sentenced Pope to a unified term of ten years, with a minimum period of confinment of two and a half years. Pope filed an I.C.R 35 motion, which the district court denied. Pope 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 Pope's Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court's order denying Pope's Rule 35 motion is affirmed.

20121018

© 1992-2012 VersusLaw Inc.



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