From Casetext: Smarter Legal Research

State v. Briggs

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 14, 2017
Docket No. 44328 (Idaho Ct. App. Mar. 14, 2017)

Opinion

Docket No. 44328 2017 Unpublished Opinion No. 396

03-14-2017

STATE OF IDAHO, Plaintiff-Respondent, v. CHRISTOPHER DALE BRIGGS, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge. Order denying I.C.R. 35 motion for reduction of sentence, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, 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; GUTIERREZ, Judge; and MELANSON, Judge

____________________

PER CURIAM

Christopher Dale Briggs pled guilty to one count of possession of a controlled substance. I.C. § 37-3732(a). In exchange for his guilty plea, additional charges were dismissed including an allegation that he was a persistent violator. The district court sentenced Briggs to a unified term of ten years, with a minimum period of confinement of two years. Briggs filed an I.C.R 35 motion, which the district court denied. Briggs appeals.

Briggs also pled guilty to and was sentenced for misdemeanor driving under the influence. However, he does not challenge this sentence on appeal. --------

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 Briggs's Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court's order denying Briggs's Rule 35 motion is affirmed.


Summaries of

State v. Briggs

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 14, 2017
Docket No. 44328 (Idaho Ct. App. Mar. 14, 2017)
Case details for

State v. Briggs

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. CHRISTOPHER DALE BRIGGS…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 14, 2017

Citations

Docket No. 44328 (Idaho Ct. App. Mar. 14, 2017)