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State v. Pearson

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 20, 2018
Docket No. 45916 (Idaho Ct. App. Nov. 20, 2018)

Opinion

Docket No. 45916

11-20-2018

STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT RYAN PEARSON, 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.


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Jon J. Shindurling; Hon. Benjamin J. Cluff, District Judges. Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of three years, for possession of methamphetamine, affirmed; order denying Idaho Criminal Rule 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 HUSKEY, Judge

____________________

PER CURIAM

Robert Ryan Pearson pled guilty to possession of methamphetamine, Idaho Code § 37-2732(c)(1). The district court imposed a unified sentence of seven years, with a minimum period of confinement of three years. Pearson filed an Idaho Criminal Rule 35 motion, which the district court denied. Pearson 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 Pearson'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 Pearson's Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, Pearson's judgment of conviction and sentence, and the district court's order denying Pearson's Rule 35 motion, are affirmed.


Summaries of

State v. Pearson

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 20, 2018
Docket No. 45916 (Idaho Ct. App. Nov. 20, 2018)
Case details for

State v. Pearson

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT RYAN PEARSON…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 20, 2018

Citations

Docket No. 45916 (Idaho Ct. App. Nov. 20, 2018)