Opinion
49798
11-01-2023
STATE OF IDAHO, Plaintiff-Respondent, v. JEFFREY RICHARD LACY, Defendant-Appellant.
Erik R. Lehtinen, Interim State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. James S. Cawthon, District Judge.
Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for possession of a controlled substance with the intent to deliver and being a persistent violator, affirmed; order denying I.C.R. 35 motion for reduction of sentence, affirmed.
Erik R. Lehtinen, Interim State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
Before LORELLO, Chief Judge; GRATTON, Judge; and HUSKEY, Judge
PER CURIAM
Jeffrey Richard Lacy pled guilty to possession of a controlled substance with the intent to deliver, I.C. § 37-2732B(a), and admitted to being a persistent violator, I.C. § 19-2514. In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Lacy to unified term of fifteen years, with a minimum period of confinement of five years. Lacy filed an I.C.R. 35 motion, which the district court denied. Lacy appeals, arguing that his sentence is excessive and that the district court erred in denying his Rule 35 motion for reduction of sentence.
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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020). 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 Lacy's Rule 35 motion. A motion for reduction of sentence under Rule 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 Lacy's Rule 35 motion, we conclude no abuse of discretion has been shown.
Therefore, Lacy's judgment of conviction and sentence, and the district court's order denying Lacy's Rule 35 motion, are affirmed.