Opinion
47933
06-02-2021
STATE OF IDAHO, Plaintiff-Respondent, v. JENNIFER LYNN THOMPSON, Defendant-Appellant.
Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Jonathan Medema, District Judge.
Judgment of conviction for possession of methamphetamine, misdemeanor possession of marijuana, and misdemeanor possession of drug paraphernalia, affirmed; order denying I.C.R. 35 motion for reduction of sentences, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
Before HUSKEY, Chief Judge; GRATTON, Judge; and BRAILSFORD, Judge
PER CURIAM
Jennifer Lynn Thompson was found guilty of possession of methamphetamine, Idaho Code § 37-2732(c); misdemeanor possession of marijuana, I.C. § 37-2732(c); and misdemeanor possession of drug paraphernalia, I.C. § 37-2734A. The district court imposed a unified sentence of seven years with one year determinate for possession of methamphetamine and 120-day jail sentences, with credit for time served, for the two misdemeanors. All sentences were ordered to run concurrently. Thompson filed an Idaho Criminal Rule 35 motion, which the district court denied. Thompson 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 Thompson'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 Thompson's Rule 35 motion, we conclude no abuse of discretion has been shown.
Therefore, Thompson's judgment of conviction and sentences, and the district court's order denying Thompson's Rule 35 motion, are affirmed.