State v. Jaquell Joseph Collins ( 2013 )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 39959
STATE OF IDAHO, ) 2013 Unpublished Opinion No. 437
)
Plaintiff-Respondent, ) Filed: April 9, 2013
)
v. ) Stephen W. Kenyon, Clerk
)
JAQUELL JOSEPH COLLINS, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Michael E. Wetherell, District Judge.
Order denying I.C.R. 35 motion for reduction of sentence, affirmed.
Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before GUTIERREZ, Chief Judge; LANSING, Judge;
and GRATTON, Judge
PER CURIAM
Jaquell Joseph Collins pled guilty to lewd conduct with a minor under sixteen. Idaho
Code § 18-1508. The district court sentenced Collins to a unified sentence of twenty-five years
with ten years determinate, and retained jurisdiction. The jurisdictional review committee later
recommended relinquishment of jurisdiction. Subsequently, the district court held a
jurisdictional review hearing, during which Collins orally requested that the court reduce the
determinate portion of his sentence pursuant to Rule 35. The district court relinquished
jurisdiction and denied Collins’ oral Rule 35 motion. Collins appeals asserting that the district
court abused its discretion by denying his oral Rule 35 motion for reduction of sentence.
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
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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
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, we conclude no abuse of discretion has been shown. Therefore, the district court’s order
denying Collins’ oral Rule 35 motion is affirmed.
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