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State of Idaho v. Tucker Kurtis Todd

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


January 28, 2013

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
TUCKER KURTIS TODD,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge.

Per curiam.

2013 Unpublished Opinion No. 343

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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

Tucker Kurtis Todd was convicted of grand theft by possession of stolen property, Idaho Code §§ 18-2403(4); 18-2407(1). The district court sentenced Todd to a unified seven-year sentence with a two-year determinate term. Todd filed an Idaho Criminal Rule 35 motion, which the district court denied. Todd 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). An appeal from the denial of a Rule 35 motion cannot be used as a vehicle to review the underlying sentence absent the presentation of new information. Id. Because no new information in support of Todd's Rule 35 motion was presented, review of the sentence by this Court is precluded. For the foregoing reasons, the district court's order denying Todd's Rule 35 motion is affirmed.

20130128

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