(Download) "State Idaho v. Onesimo Garcia" by Court of Appeals of Idaho No. 17601 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Onesimo Garcia
- Author : Court of Appeals of Idaho No. 17601
- Release Date : January 01, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Onesimo Garcia pled guilty in the district court for Canyon County to possession of a controlled substance with the intent
to deliver, and to theft by possession of stolen property. Garcia received a unified sentence of seven years, with a three-year
minimum confinement, for the controlled substance charge, and a concurrent, unified sentence of five years, with a three-year
minimum confinement, for the theft charge. I.C. § 19-2513. Later, Garcia filed a motion under I.C.R. 35 for reduction
of the sentences. The motion was denied. On appeal, Garcia contends that the district court abused its discretion by denying
his motion. We affirm. A Rule 35 motion is essentially a plea for leniency which may be granted if the sentence imposed upon the defendant was,
for any reason, unduly severe. State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984). Such a motion is directed to the
sound discretion of the district court. State v. Roach, 112 Idaho 173, 730 P.2d 1093 (Ct.App.1986). On appeal, we will determine
whether the entire record, including any facts presented in connection with the motion, shows that the district court abused
its discretion in failing to grant the leniency requested. State v. Stanfield, 112 Idaho 601, 733 P.2d 822 (Ct.App.1987).
In making this determination, we apply the same criteria used for reviewing the reasonableness of the original sentence. State
v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App.1982).