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State v. Marrone

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 2, 2013
Docket No. 40907 (Idaho Ct. App. Oct. 2, 2013)

Opinion

Docket No. 40907 2013 Unpublished Opinion No. 686

2013-10-02

STATE OF IDAHO, Plaintiff-Respondent, v. TERESA LEE MARRONE aka TOLLMAN, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED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. Melissa Moody, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of two and one-half years, for felony driving under the influence, affirmed; order denying I.C.R. 35 motion for reduction of sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Teresa Lee Marrone, aka Tollman, pled guilty to felony driving under the influence. I.C. §§ 18-8004, 18-8005(9). The district court sentenced Marrone to a unified term of ten years, with a minimum period of confinement of two and one-half years. Marrone filed an I.C.R 35 motion, which the district court denied. Marrone 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 Marrone'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). In conducting our review of the grant or denial of a Rule 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, Marrone's judgment of conviction and sentence, and the district court's order denying Marrone's Rule 35 motion, are affirmed.


Summaries of

State v. Marrone

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 2, 2013
Docket No. 40907 (Idaho Ct. App. Oct. 2, 2013)
Case details for

State v. Marrone

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. TERESA LEE MARRONE aka TOLLMAN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 2, 2013

Citations

Docket No. 40907 (Idaho Ct. App. Oct. 2, 2013)