State v. Valentin Calvillo ( 2017 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 45263
    STATE OF IDAHO,                                  )   2017 Unpublished Opinion No. 677
    )
    Plaintiff-Respondent,                     )   Filed: December 19, 2017
    )
    v.                                               )   Karel A. Lehrman, Clerk
    )
    VALENTIN CALVILLO,                               )   THIS IS AN UNPUBLISHED
    )   OPINION AND SHALL NOT
    Defendant-Appellant.                      )   BE CITED AS AUTHORITY
    )
    Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin
    Falls County. Hon. John K. Butler, District Judge.
    Order denying I.C.R. 35 motion for correction of illegal sentences, affirmed.
    Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford,
    Deputy Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
    General, Boise, for respondent.
    ________________________________________________
    Before GRATTON, Chief Judge; HUSKEY, Judge;
    and LORELLO, Judge
    ________________________________________________
    PER CURIAM
    Valentin Calvillo was found guilty of one count of sexual abuse of a child under sixteen,
    I.C. § 18-1506, and six counts of lewd conduct with a minor under sixteen, I.C. § 18-1508. The
    district court sentenced Calvillo to a determinate term of fifteen years for sexual abuse of a child
    under sixteen and unified terms of thirty years, with minimum periods of confinement of fifteen
    years for the six counts of lewd conduct with a minor under sixteen. The district court ordered
    that Calvillo’s sentences be served concurrently, making an aggregate term of thirty years, with a
    minimum period of confinement of fifteen years.
    1
    Calvillo filed an I.C.R 35 motion for correction of illegal sentences, asserting that his
    sentences were illegal because the district court had not ordered a psychological evaluation
    pursuant to I.C. § 19-2522(1) prior to imposing Calvillo’s sentences. The district court denied
    Calvillo’s motion, finding that Calvillo’s sentences were not illegal. Calvillo appeals.
    In State v. Clements, 
    148 Idaho 82
    , 87, 
    218 P.3d 1143
    , 1148 (2009), the Idaho Supreme
    Court held that the term “illegal sentence” under Rule 35 is narrowly interpreted as a sentence
    that is illegal from the face of the record, i.e., does not involve significant questions of fact or
    require an evidentiary hearing. Rule 35 is a “narrow rule,” and because an illegal sentence may
    be corrected at any time, the authority conferred by Rule 35 should be limited to uphold the
    finality of judgments. State v. Farwell, 
    144 Idaho 732
    , 735, 
    170 P.3d 397
    , 400 (2007). Rule 35
    is not a vehicle designed to reexamine the facts underlying the case to determine whether a
    sentence is illegal; rather, the rule only applies to a narrow category of cases in which the
    sentence imposes a penalty that is simply not authorized by law or where new evidence tends to
    show that the original sentence was excessive. 
    Clements, 148 Idaho at 87
    , 218 P.3d at 1148.
    “Mindful” of the constraints of Rule 35 and I.C. § 16-2522(1), Calvillo asserts that “the
    conviction of charges alleged warrants reason to believe a mental issue exists” and the district
    court should have ordered a psychological evaluation. The record supports the district court’s
    finding that Calvillo’s sentences are not illegal. Therefore, the district court properly denied
    Calvillo’s motion and his sentences are well within the statutory maximum and are not otherwise
    contrary to applicable law. Accordingly, we conclude no abuse of discretion has been shown
    and the district court’s order denying Calvillo’s Rule 35 motion is affirmed.
    2
    

Document Info

Filed Date: 12/19/2017

Precedential Status: Non-Precedential

Modified Date: 12/20/2017