State v. Ricky Lee Sepeda

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 41092
STATE OF IDAHO, ) 2014 Unpublished Opinion No. 309
)
Plaintiff-Respondent, ) Filed: January 6, 2014
)
v. ) Stephen W. Kenyon, Clerk
)
RICKY LEE SEPEDA, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the Third Judicial District, State of Idaho, Gem
County. Hon. George A. Southworth, District Judge.
Judgment of conviction and unified sentence of twenty years, with a minimum
period of confinement of five years, for rape, affirmed; order denying I.C.R. 35
motion for reduction of sentence, affirmed.
Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before LANSING, Judge; GRATTON, Judge;
and MELANSON, Judge
PER CURIAM
Ricky Lee Sepeda pled guilty to rape. I.C. § 18-6101(4). In exchange for his guilty plea,
the state dismissed an allegation that Sepeda was a persistent violator. The district court
sentenced Sepeda to a unified term of twenty years, with a minimum period of confinement of
five years. Sepeda filed an I.C.R 35 motion, which the district court denied. Sepeda appeals.
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.
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
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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 Sepeda’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). In conducting our review of the grant
or denial of a Rule 35 motion, we consider the entire record and apply the same criteria used for
determining the reasonableness of the original sentence. State v. Forde, 113 Idaho 21, 22, 740
P.2d 63, 64 (Ct. App. 1987); Lopez, 106 Idaho at 449-51, 680 P.2d at 871-73. Upon review of
the record, we conclude no abuse of discretion has been shown.
Therefore, Sepeda’s judgment of conviction and sentence, and the district court’s order
denying Sepeda’s Rule 35 motion, are affirmed.
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