State of Idaho v. Barry Lee White

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 52349

STATE OF IDAHO, )
) Filed: November 17, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
BARRY LEE WHITE, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner
County. Hon. Lamont C. Berecz, District Judge.

Order denying Idaho Criminal Rule 35 motion, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Brian R. Dickson, 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
Barry Lee White pleaded guilty to driving under the influence, Idaho Code § 18-8005(6).
The district court imposed a unified sentence of eight years, with a minimum period of
incarceration of two years. White filed an Idaho Criminal Rule 35 motion, which the district court
denied. White 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
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). An appeal from the denial of an
I.C.R. 35 motion cannot be used as a vehicle to review the underlying sentence absent the
presentation of new information. Id. Because no new or additional information in support of
White’s I.C.R. 35 motion was presented, the district court did not abuse its discretion. For the
foregoing reasons, the district court’s order denying White’s I.C.R. 35 motion is affirmed.

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