State v. David Wesley Gloria

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 42394 STATE OF IDAHO, ) 2015 Unpublished Opinion No. 373 ) Plaintiff-Respondent, ) Filed: February 26, 2015 ) v. ) Stephen W. Kenyon, Clerk ) DAVID WESLEY GLORIA, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge. Order denying I.C.R. 35 motion for reduction of sentence, affirmed. Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before MELANSON, Chief Judge; LANSING, Judge; and GRATTON, Judge ________________________________________________ PER CURIAM David Wesley Gloria pled guilty to possession of a controlled substance. I.C. § 37- 2732(c). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Gloria to a unified term of seven years, with a minimum period of confinement of two years. Gloria filed an I.C.R 35 motion, which the district court denied. Gloria appeals. 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 1 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). Upon review of the record, we conclude no abuse of discretion has been shown. Therefore, the district court’s order denying Gloria’s Rule 35 motion is affirmed. 2