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State v. Lamar Tissidimit
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*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Lamar Tissidimit pleaded guilty to felony driving under the influence, Idaho Code § 18- 8004. The district court imposed a unified seven-year sentence, with four years determinate, and placed Tissidimit on a term of probation. Tissidimit admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of a modified unified six-year sentence, with three years determinate. Tissidimit filed an Idaho Criminal Rule 35 motion, which the district court denied. Tissidimit 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

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presenting an I.C.R. 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). An appeal from the denial of an I.C.R. 35 motion cannot be used as a vehicle to review the underlying sentence absent the presentation of new information. Id. Because no new or additional information in support of Tissidimit’s I.C.R. 35 motion was presented, the district court did not abuse its discretion. For the foregoing reasons, the district court’s order denying Tissidimit’s I.C.R. 35 motion is affirmed.

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Case Details

Case Name: State v. Lamar Tissidimit
Court Name: Idaho Court of Appeals
Date Published: Aug 2, 2017
Court Abbreviation: Idaho Ct. App.
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