From Casetext: Smarter Legal Research

State v. Turner

COURT OF APPEALS OF THE STATE OF IDAHO
Jun 17, 2016
Docket No. 43550 (Idaho Ct. App. Jun. 17, 2016)

Opinion

Docket No. 43550 2016 Unpublished Opinion No. 573

06-17-2016

STATE OF IDAHO, Plaintiff-Respondent, v. JAMES CHARLES TURNER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Philip R. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Steven J. Hippler, District Judge. Judgment of conviction and sentence and order denying Idaho Criminal Rule 35 motion, affirmed. Sara B. Thomas, State Appellate Public Defender; Philip R. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Before MELANSON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

____________________

PER CURIAM

James Charles Turner pleaded guilty to attempted strangulation, Idaho Code § 18-923. The district court imposed a unified fifteen-year sentence, with two years determinate. Turner filed an Idaho Criminal Rule 35 motion, which the district court denied. Turner 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 Turner's I.C.R. 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 an I.C.R. 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 an I.C.R. 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, Turner's judgment of conviction and sentence, and the district court's order denying Turner's I.C.R. 35 motion, are affirmed.


Summaries of

State v. Turner

COURT OF APPEALS OF THE STATE OF IDAHO
Jun 17, 2016
Docket No. 43550 (Idaho Ct. App. Jun. 17, 2016)
Case details for

State v. Turner

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JAMES CHARLES TURNER…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jun 17, 2016

Citations

Docket No. 43550 (Idaho Ct. App. Jun. 17, 2016)