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State v. Hugo Barrera
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*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Hugo Barrera pled guilty to felony domestic violence. Idaho Code §§ 18-918(5), 18- 903(a). The district court sentenced Barrera to a unified term of six years with two years determinate. Barrera filed an Idaho Criminal Rule 35 motion for a reduction of sentence, which the district court denied. Barrera appeals asserting that the district court abused its discretion by denying his Rule 35 motion.

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

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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 Barrera’s Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court’s order denying Barrera’s Rule 35 motion is affirmed.

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Case Details

Case Name: State v. Hugo Barrera
Court Name: Idaho Court of Appeals
Date Published: Jul 17, 2017
Court Abbreviation: Idaho Ct. App.
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