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State v. Stewart

Court of Appeals of Idaho

January 14, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
BRYANT SCOTT STEWART, Defendant-Appellant.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 323

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Richard S. Christensen, District Judge.

Order denying I.C.R. 35 motion for reduction of sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Kimberly E. Smith, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

GUITIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge

PER CURIAM

Bryant Scott Stewart was convicted of robbery, Idaho Code § 18-6501. The district court sentenced Stewart to a unified sentence of fifteen years with a five-year determinate term. Stewart filed an Idaho Criminal Rule 35 motion, which the district court denied. Stewart 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 Stewart's Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court's order denying Stewart's Rule 35 motion is affirmed.


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