Message
×
loading..

State v. Douglas C. Bills ( 2014 )


Menu:
  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket Nos. 40874 & 40876
    STATE OF IDAHO,                                  )      2014 Unpublished Opinion No. 345
    )
    Plaintiff-Respondent,                     )      Filed: February 4, 2014
    )
    v.                                               )      Stephen W. Kenyon, Clerk
    )
    DOUGLAS C. BILLS,                                )      THIS IS AN UNPUBLISHED
    )      OPINION AND SHALL NOT
    Defendant-Appellant.                      )      BE CITED AS AUTHORITY
    )
    Appeal from the District Court of the Sixth Judicial District, State of Idaho,
    Bannock County. Hon. Stephen S. Dunn, District Judge.
    Orders denying I.C.R. 35 motions for reduction of sentences, affirmed.
    Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy
    Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy
    Attorney General, Boise, for respondent.
    ________________________________________________
    Before GUTIERREZ, Chief Judge; LANSING, Judge;
    and MELANSON, Judge
    PER CURIAM
    In Docket No. 40876, Douglas C. Bills pled guilty to possession of a controlled
    substance. I.C. § 37-2732(c)(1). In exchange for his guilty plea, an allegation that Bills was a
    persistent violator was dismissed. The district court sentenced Bills to unified term of six years,
    with a minimum period of confinement of three years. The district court suspended the sentence
    and placed Bills on probation.
    In Docket No. 40874, bills pled guilty to sexual battery of a minor child sixteen or
    seventeen years of age. I.C. § 18-1508A(1)(c). In exchange for his guilty plea, an additional
    charge and an allegation that Bills was a persistent violator were dismissed. The district court
    sentenced Bills to a unified term of ten years, with a minimum period of confinement of four
    years, to run concurrent with Bills’s sentence in Docket No. 40876. The district court also
    1
    revoked Bills’s probation in Docket No. 40876, and ordered execution of his underlying
    sentence. However, the district court retained jurisdiction in both cases, later suspended the
    sentences, and returned Bills to probation.
    Bills violated the terms of his probation and the district court revoked Bills’s probation
    and ordered execution of his original sentences. However, the district court retained jurisdiction
    in both cases, later suspended the sentences, and returned Bills to probation. Bills again violated
    the terms of his probation. The district court revoked probation and ordered execution of Bills’s
    suspended sentences. Bills filed I.C.R 35 motions for reduction of his sentences, which the
    district court denied. Bills 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 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). An appeal from the
    denial of a Rule 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
    Bills’s Rule 35 motions was presented, the district court did not abuse its discretion. For the
    foregoing reasons, the district court’s orders denying Bills’s Rule 35 motions are affirmed.
    2
    

Document Info

Filed Date: 2/4/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021