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State of Idaho v. Justin Scott Newman

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


March 28, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JUSTIN SCOTT NEWMAN,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Thomas F. Neville, District Judge.

Per curiam.

2013 Unpublished Opinion No. 421

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of twenty years with a minimum period of confinement of eight years for domestic violence in the presence of a child, and consecutive indeterminate sentence of five years for aggravated assault, affirmed; order denying I.C.R. 35 motion for reduction of sentence, affirmed.

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

Justin Scott Newman was convicted of domestic violence in the presence of a child, Idaho Code §§ 18-903(a), 18-918(2), 18-918(4); and aggravated assault, I.C. §§ 18-901(a), 18- 905(a). The district court sentenced Newman to a unified term of twenty years with a minimum period of confinement of eight years for domestic violence, and a consecutive indeterminate sentence of five years for aggravated assault. Newman filed an Idaho Criminal Rule 35 motion, which the district court denied. Newman 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 Newman'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, Newman's judgment of conviction and sentences, and the district court's order denying Newman's Rule 35 motion, are affirmed.

20130328

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