State v. Herrera

PER CURIAM

Ronald Vaughn Herrera pled guilty to sexual battery of a minor. I.C. § 18-1508A(1)(c). In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Herrera to a unified term of twenty-five years, with a minimum period of confinement of ten years. Herrera filed an I.C.R. 35 motion, which the district court denied. Herrera appeals.

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). Upon review of the record, including any new information submitted with Herrera‘s Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court‘s order denying Herrera‘s Rule 35 motion is affirmed.

Case Details

Case Name: State v. Herrera

Court Name: Idaho Court of Appeals

Date Published: Jul 6, 2018

Court Abbreviation: Idaho Ct. App.