State v. Kimble

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 45938
STATE OF IDAHO, )
) Filed: November 30, 2018
Plaintiff-Respondent, )
) Karel A. Lehrman, Clerk
v. )
) THIS IS AN UNPUBLISHED
STEPHEN LEE KIMBLE, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Seventh Judicial District, State of Idaho,
Bonneville County. Hon. Bruce L. Pickett, District Judge.
Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of one and one-half years, for felony driving under the
influence, affirmed; order denying I.C.R. 35 motion for reduction of
sentence, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, 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; GUTIERREZ, Judge;
and HUSKEY, Judge
________________________________________________
PER CURIAM
Stephen Lee Kimble pled guilty to felony driving under the influence. Idaho Code §§ 18-
8004, 18-8005(6). The district court sentenced Kimble to a unified term of ten years with one and
one-half years determinate. Kimble filed an Idaho Criminal Rule 35 motion for reduction of
sentence, which the district court denied. Kimble appeals asserting that the district court abused
its discretion by imposing an excessive sentence and by denying his I.C.R. 35 motion.
Sentencing is a matter for the trial court’s discretion. Both our standard of review and the
factors to be considered in evaluating the reasonableness of the sentence are well established.
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See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State
v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill, 103
Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence,
we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387,
391 (2007). Applying these standards, and having reviewed the record in this case, we cannot
say that the district court abused its discretion.
Next, we review whether the district court erred in denying Kimble’s Rule 35 motion. 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). Upon review of the record, including
any new information submitted with Kimble’s Rule 35 motion, we conclude no abuse of
discretion has been shown.
Therefore, Kimble’s judgment of conviction and sentence, and the district court’s order
denying Kimble’s Rule 35 motion, are affirmed.
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