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State v. Clint Terrell Oxier
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*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Clint Terrell Oxier was found guilty of three counts of lewd conduct with a child under sixteen, Idaho Code § 18-1508. The district court imposed three concurrent, unified life sentences, with twenty years determinate. Oxier filed an Idaho Criminal Rule 35 motion, which the district court denied. Oxier 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 new or additional information subsequently provided to the district court in support of the

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

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Case Details

Case Name: State v. Clint Terrell Oxier
Court Name: Idaho Court of Appeals
Date Published: Aug 29, 2017
Court Abbreviation: Idaho Ct. App.
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