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State of Idaho v. Mariano Perez

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


January 10, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
MARIANO PEREZ, SR.,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Renae J. Hoff, District Judge.

Per curiam.

2013 Unpublished Opinion No. 320

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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

Mariano Perez, Sr. pled guilty to possession of a controlled substance. Idaho Code § 37-2732(c)(1). The district court sentenced Perez to a unified term of four years, with two years determinate. Perez filed an Idaho Criminal Rule 35 motion, which the district court denied. Perez appeals.

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

20130110

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