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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 46563 STATE OF IDAHO, ) ) Filed: May 20, 2019 Plaintiff-Respondent, ) ) Karel A. Lehrman, Clerk v. ) ) THIS IS AN UNPUBLISHED LISA RENEE JACKSON, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Cynthia K.C. Meyer, District Judge. Judgment of conviction and unified sentence of six years, with a minimum period of confinement of two years, for driving under the influence, affirmed; order denying I.C.R. 35 motion, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GRATTON, Chief Judge; HUSKEY, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM Lisa Renee Jackson pled guilty to driving under the influence. Idaho Code §§ 18-8004, 18-8005(9). The district court sentenced Jackson to a unified term of six years with two years determinate. Jackson appeals asserting that the district court abused its discretion by imposing an excessive sentence and by failing to retain jurisdiction either at sentencing or in denying her Idaho Criminal Rule 35 motion. 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 and 1 need not be repeated here. 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 Jackson’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). Upon review of the record, including any new information submitted with Jackson’s Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, Jackson’s judgment of conviction and sentence, and the district court’s order denying Jackson’s Rule 35 motion, are affirmed. 2
Document Info
Filed Date: 5/20/2019
Precedential Status: Non-Precedential
Modified Date: 5/20/2019