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State v. Daniel Duane Grabe
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*1 Before GUTIERREZ, Judge; MELANSON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Daniel Duane Grabe pleaded guilty to trafficking in marijuana, Idaho Code § 37- 2732(a)(1)(a), and possession of a controlled substance with the intent to deliver, I.C. § 37- 2732(a). For each count, the district court imposed a unified thirteen-year sentence, with three years determinate, with the sentences to run concurrently. Grabe filed an Idaho Criminal Rule 35 motion, which the district court denied. Grabe 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 an I.C.R. 35 motion, the defendant must show that the sentence is excessive in light of

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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 Grabe’s I.C.R. 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court’s order denying Grabe’s I.C.R. 35 motion is affirmed.

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Case Details

Case Name: State v. Daniel Duane Grabe
Court Name: Idaho Court of Appeals
Date Published: Apr 25, 2017
Court Abbreviation: Idaho Ct. App.
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