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State v. Stites

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 30, 2012
Docket No. 39723 (Idaho Ct. App. Nov. 30, 2012)

Opinion

Docket No. 39723 2012 Unpublished Opinion No. 751

11-30-2012

STATE OF IDAHO, Plaintiff-Respondent, v. MELONY FAY STITES, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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THIS IS AN UNPUBLISHED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. Darla S. Williamson, District Judge.

Order denying Idaho Criminal Rule 35 motion for reduction of

sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy

Appellate Public Defender, Boise, for appellant.

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

Attorney General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Melony Fay Stites pled guilty to aggravated assault, Idaho Code §§ 18-901(b), 18-905(a), and use of a deadly weapon in the commission of a crime, I.C. § 19-2520. The district court sentenced Stites to a unified term of ten years, with two years determinate; however, the district court suspended Stites' sentence and placed her on probation under specified conditions, including that she serve 365 days in county jail, less credit for time served, and complete programing. Stites filed an Idaho Criminal Rule 35 motion and a motion for early release and/or to modify the terms of probation, which were both denied by the district court. Stites now appeals, contending the district court abused its discretion in denying her 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 the new information submitted with Stites' Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court's order denying Stites' Rule 35 motion is affirmed.


Summaries of

State v. Stites

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 30, 2012
Docket No. 39723 (Idaho Ct. App. Nov. 30, 2012)
Case details for

State v. Stites

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MELONY FAY STITES…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 30, 2012

Citations

Docket No. 39723 (Idaho Ct. App. Nov. 30, 2012)