State of Idaho v. Musa Ali Mberwa

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51391

STATE OF IDAHO, )
) Filed: October 2, 2024
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
MUSA ALI MBERWA, ) 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. Jonathan Medema, District Judge.

Order denying I.C.R. 35 motion for reduction of sentence, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Jenny C. Swinford, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before GRATTON, Chief Judge; HUSKEY, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Musa Ali Mberwa pled guilty to conspiracy to commit robbery. Idaho Code §§ 18-6501,
-6502, -1701. In exchange for his guilty plea, an additional charge was dismissed. The district
court imposed a determinate sentence of six years to run consecutively to any other sentence
Mberwa was currently serving. Mberwa filed an Idaho Criminal Rule 35 motion, which the district
court denied. Mberwa 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 new or

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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
Mberwa‘s Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the
district court’s order denying Mberwa‘s Rule 35 motion is affirmed.

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