Opinion
48596
10-29-2021
STATE OF IDAHO, Plaintiff-Respondent, v. KEVIN MONDEL MARTINEZ, 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; Andrew V. Wake, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Sixth Judicial District, State of Idaho, Caribou County. Hon. Mitchell W. Brown, District Judge.
Order denying I.C.R. 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; Andrew V. Wake, Deputy Attorney General, Boise, for respondent.
Before GRATTON, Judge; LORELLO, Judge; and BRAILSFORD, Judge
PER CURIAM.
Kevin Mondel Martinez pled guilty to robbery. I.C. § 18-6501. The district court sentenced Martinez to a unified term of ten years, with a minimum period of confinement of five years. Martinez filed an I.C.R. 35 motion, which the district court denied. Martinez appeals, arguing that the district court erred in denying his 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 Martinez's Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court's order denying Martinez's Rule 35 motion is affirmed.