[DOWNLOAD] "State Idaho v. Harold William Russell" by Court of Appeals of Idaho No. 16014 * Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Harold William Russell
- Author : Court of Appeals of Idaho No. 16014
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Harold Russell pled guilty to one count of first degree burglary and to one count of grand theft. He received two concurrent, fixed ten-year sentences with credit for 214 days previously served. Later he filed a motion under I.C.R. 35, seeking to have the sentences reduced. The district court denied the motion without a hearing, and Russell appeals. We affirm the order. It is well established that a motion to reduce a legally imposed sentence is addressed to the sound discretion of the district court. State v. Arambula, 97 Idaho 627, 550 P.2d 130 (1976). Such a motion essentially is a plea for leniency which may be granted if the sentence originally imposed was, for any reason, unduly severe. State v. Sutton, 106 Idaho 403, 679 P.2d 680 (Ct.App.1984). The question presented by appeal from the denial of a Rule 35 motion is whether facts presented in connection with the motion, when viewed in the context of information already in the record,[Footnote 1] show that discretion was abused in failing to grant the leniency requested. State v. Sutton, supra.