State of Idaho v. Damian Glen Zukaitis

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 52737

STATE OF IDAHO, )
) Filed: November 25, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
DAMIAN GLEN ZUKAITIS, ) 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. Peter G. Barton, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of five years, for felony injury to children, affirmed; order denying
I.C.R. 35 motion for reduction of sentence, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Elizabeth A. Allred, Deputy
Appellate Public Defender, Boise, for appellant.

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

Before HUSKEY, Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Damian Glen Zukaitis pled guilty to to an amended charge of felony injury to children.
I.C. § 18-1501(1). The district court sentenced Zukaitis to a unified term of ten years, with a
minimum period of confinement of five years, to be served consecutively to other unrelated
sentences. Zukaitis filed an I.C.R. 35 motion for reduction of his sentence, which the district court
denied. Zukaitis appeals, arguing that his sentence is excessive and that the district court erred in
denying his I.C.R. 35 motion.

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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 and
need not be repeated here. 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 Zukaitis’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 information
submitted with Zukaitis’s Rule 35 motion, we conclude no abuse of discretion has been shown.
Therefore, Zukaitis’s judgment of conviction and sentence, and the district court’s order
denying Zukaitis’s Rule 35 motion, are affirmed.

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