State of Idaho v. Aaron Vincent Fretz

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 53279

STATE OF IDAHO, )
) Filed: April 29, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
AARON VINCENT FRETZ, ) 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. Joseph W. Borton, District Judge.

Order denying Idaho Criminal Rule 35, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Abigael E. Schulz, Deputy
Appellate Public Defender, Boise, for appellant.

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

Before TRIBE, Chief Judge; HUSKEY, Judge;
and LORELLO, Judge
________________________________________________

PER CURIAM
Aaron Vincent Fretz pled guilty to unlawful possession of a firearm. Idaho Code § 18-
3316. The district court sentenced Fretz to a determinate term of one year, to run consecutively to
a federal hold. Fretz filed an Idaho Criminal Rule 35 motion, which the district court denied. Fretz
appeals asserting that the district court abused its discretion by denying his I.C.R. 35 motion.
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
an I.C.R. 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

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v. Huffman, 144 Idaho 201, 203, 159 P.3d 838, 840 (2007). Upon review of the record, including
any new information submitted with Fretz’s I.C.R. 35 motion, we conclude no abuse of discretion
has been shown. Therefore, the district court’s order denying Fretz’s I.C.R. 35 motion is affirmed.

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