State of Idaho v. Daxx Ezekiel Diaz

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51517

STATE OF IDAHO, )
) Filed: February 24, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
DAXX EZEKIEL DIAZ, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Jason D. Scott, District Judge.

Judgment of conviction and unified sentence of seven years, with a minimum
period of confinement of two years, for possession of a controlled substance,
affirmed; order denying I.C.R. 35 motion for reduction of sentence, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Sally J. Cooley, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before GRATTON, Chief Judge; HUSKEY, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Daxx Ezekiel Diaz pled guilty to possession of a controlled substance.1 Idaho Code § 37-
2732(c)(1). In exchange for his guilty plea, an additional charge was dismissed. The district court
sentenced Diaz to a unified term of seven years with a minimum period of confinement of two

1
Diaz also pled guilty to three misdemeanor charges. However, he does challenge these
judgments of conviction or sentences on appeal.

1
years.2 Diaz filed an Idaho Criminal Rule 35 motion, which the district court denied. Diaz appeals,
arguing that his sentence is excessive and that the district court erred in denying his Rule 35 motion
for reduction of sentence.
Sentencing is a matter for the trial court’s discretion. Both our standard of review and the
factors to be considered in evaluating the reasonableness of the sentence are well established. See
State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State v.
Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill, 103 Idaho
565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we
consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387, 391
(2007). Our role is limited to determining whether reasonable minds could reach the same
conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App.
2020). Applying these standards, and having reviewed the record in this case, we cannot say that
the district court abused its discretion.
Next, we review whether the district court erred in denying Diaz’s Rule 35 motion. A
motion for reduction of sentence under Rule 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 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, including any new or additional
information submitted with Diaz’s Rule 35 motion, we conclude no abuse of discretion has been
shown.
Therefore, Diaz’s judgment of conviction and sentence, and the district court’s order
denying Diaz’s Rule 35 motion, are affirmed.

2
This sentence was ordered to run concurrently with Diaz’s other unrelated case.

2