(DOWNLOAD) "State Idaho v. Floyd A. Smith" by Court of Appeals of Idaho No. 18121 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Floyd A. Smith
- Author : Court of Appeals of Idaho No. 18121
- Release Date : January 03, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Floyd Smith pled guilty to two counts of lewd conduct with a minor under I.C. § 18-1508. He was sentenced to concurrent
fifteen-year terms, with two-year minimum periods of confinement. Smith's motion to reconsider his sentences was denied. I.C.R.
35. On appeal, Smith contends that the district Judge abused his discretion in imposing the sentences and in refusing to reduce
them. We view these contentions as two aspects of the same sentencing issue. A lower court's denial of a Rule 35 motion for reduction
of sentence will not be disturbed in the absence of an abuse of discretion based upon a review of the entire record and application
of the same criteria used to determine the reasonableness of the original sentence. State v. Allbee, 115 Idaho 845, 771 P.2d
66 (Ct.App.1989). Those criteria focus on the nature of the offense and character of the offender.