(DOWNLOAD) "State Idaho v. William Sutton" by Court of Appeals of Idaho No. 15046 * Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. William Sutton
- Author : Court of Appeals of Idaho No. 15046
- Release Date : January 10, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The appellant, William Sutton, received two concurrent indeterminate eight-year sentences, for first degree burglary and for grand theft. Subsequently, he timely moved for a reduction of his sentences, under rule 35, I.C.R. The motion was denied and he appeals, contending the district court abused its discretion in denying the motion. We affirm. Where, as here, the legality of the initial sentence is not disputed and the Rule 35 motion simply seeks to have the sentence reduced, the motion is addressed to the sound discretion of the sentencing court. State v. Arambula, 97 Idaho 627, 550 P.2d 130 (1976). Such a motion is essentially a plea for leniency, which may be granted if the court decides that the sentence originally imposed was, for any reason, unduly severe. 3 C. WRIGHT, FEDERAL PRACTICE AND PROCEDURE (Criminal) § 586 (2d ed. 1982).
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