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State v. Baker

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 7, 2016
Docket No. 44248 (Idaho Ct. App. Dec. 7, 2016)

Opinion

Docket No. 44248 2016 Unpublished Opinion No. 807

12-07-2016

STATE OF IDAHO, Plaintiff-Respondent, v. EMILY ROSE BAKER, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge. Order denying Idaho Criminal Rule 35 motion, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before MELANSON, Chief Judge; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Emily Rose Baker pleaded guilty to possession of a controlled substance with the intent to deliver, Idaho Code § 37-2732(a)(1)(A). The district court imposed a unified nine-year sentence, with three years determinate. Baker filed an Idaho Criminal Rule 35 motion, which the district court denied. Baker 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 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). An appeal from the denial of an I.C.R. 35 motion cannot be used as a vehicle to review the underlying sentence absent the presentation of new information. Id. Because no new or additional information in support of Baker's I.C.R. 35 motion was presented, the district court did not abuse its discretion. Baker's I.C.R. 35 motion is affirmed.


Summaries of

State v. Baker

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 7, 2016
Docket No. 44248 (Idaho Ct. App. Dec. 7, 2016)
Case details for

State v. Baker

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. EMILY ROSE BAKER…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 7, 2016

Citations

Docket No. 44248 (Idaho Ct. App. Dec. 7, 2016)