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State v. Jennifer M. Severin
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*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Jennifer M. Severin pled guilty to one count of domestic battery with traumatic injury, Idaho Code §§ 18-903(a), 18-918(2). The district court imposed a unified sentence of six years, with a minimum period of confinement of two years, and retained jurisdiction. The district court later relinquished jurisdiction. Severin filed an Idaho Criminal Rule 35 motion for reduction of sentence, which the district court denied. Severin 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 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 Severin’s Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the district court’s order denying Severin’s Rule 35 motion is affirmed.

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Case Details

Case Name: State v. Jennifer M. Severin
Court Name: Idaho Court of Appeals
Date Published: Sep 26, 2017
Court Abbreviation: Idaho Ct. App.
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