State v. Bruce Wayne Sharp

• Court: Idaho Court of Appeals
• Decided: January 14, 2013
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 39867

STATE OF IDAHO, ) 2013 Unpublished Opinion No. 324 ) Plaintiff-Respondent, ) Filed: January 14, 2013 ) v. ) Stephen W. Kenyon, Clerk ) BRUCE WAYNE SHARP, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY )

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.

Order denying I.C.R. 35 motion for reduction of sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________

Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge

PER CURIAM Bruce Wayne Sharp was convicted of felony driving under the influence, Idaho Code §§ 18-8004(1)(a); 18-8005(7). The district court imposed a unified five-year sentence with a two-year determinate term. Sharp filed an Idaho Criminal Rule 35 motion, which the district court denied. Sharp appeals from the denial of his Rule 35 motion. A Rule 35 motion is a request for leniency which is addressed to the sound discretion of the sentencing 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

1 201, 159 P.3d 838 (2007). Our focus on review is upon the nature of the offense and the character of the offender. State v. Reinke, 103 Idaho 771, 772, 653 P.2d 1183, 1184 (Ct. App. 1982). Where a sentence is not illegal, the appellant must show that it is unreasonably harsh in light of the primary objective of protecting society and the related goals of deterrence, rehabilitation and retribution. State v. Broadhead, 120 Idaho 141, 145, 814 P.2d 401, 405 (1991), overruled on other grounds by State v. Brown, 121 Idaho 385, 825 P.2d 482 (1992); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). Having reviewed the record, including any new information submitted with Sharp’s Rule 35 motion, we find no abuse of discretion in the district court’s denial of the motion. Accordingly, the district court’s order denying Sharp’s I.C.R. 35 motion is affirmed.