[Download] "State Idaho v. Guadalupe Sanchez" by 17889 Court of Appeals of Idaho Nos. 17684 ~ Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Guadalupe Sanchez
- Author : 17889 Court of Appeals of Idaho Nos. 17684
- Release Date : January 02, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is a sentencing discretion case. Guadalupe Sanchez stands convicted by a jury of aggravated battery. She received an
eight-year sentence with a five-year minimum period of confinement. She moved, unsuccessfully, for a reduction of the sentence
under I.C.R. 35. In these consolidated appeals she attacks the judgment imposing the sentence and the order denying her Rule
35 motion. We affirm. Aggravated battery is a felony carrying a maximum penalty of imprisonment for fifteen years. I.C. § 18-908. A motion
to reduce a sentence within statutory limits is addressed to the court's sound discretion. State v. Arambula, 97 Idaho 627,
550 P.2d 130 (1976). The motion essentially is a plea for leniency which may be granted if the sentence appears, upon later
reflection, to be unduly severe. State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984). On appeal, the order denying a
Rule 35 motion is reviewed in light of the same criteria that would apply to review of the sentence itself. Id. We examine
the record of the original sentencing proceeding, together with any information subsequently presented in connection with
the Rule 35 motion. State v. Yarbrough, 106 Idaho 545, 681 P.2d 1020 (Ct.App.1984).