State of Idaho v. Toney August Schomer

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50981

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) THIS IS AN UNPUBLISHED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

Appeal from the District Court of the First Judicial District, State of Idaho,
Kootenai County. Hon. John T. Mitchell, District Judge.

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

Erik R. Lehtinen, State Appellate Public Defender; Kimberly A. Coster, 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
Toney August Schomer pled guilty to grand theft, Idaho Code
§§ 18-2403(1), -2407(1)(b)(1). The district court sentenced Schomer to a determinate term of
fourteen years; however, the district court suspended the sentence and placed Schomer on
probation for four years. In January 2017, Schomer admitted to violating the terms of probation,
and the district court continued Schomer on probation. In May 2017, Schomer admitted to
violating the terms of probation, and the district court consequently revoked probation and ordered
execution of the original sentence and retained jurisdiction. After the period of retained
jurisdiction, Schomer was placed on probation for three years. In January 2018, Schomer admitted
to violating the terms of probation, and the district court continued Schomer on probation until
November 12, 2021. In July 2018, Schomer admitted to violating the terms of probation, and the

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district court consequently revoked probation and ordered execution of the original sentence and
retained jurisdiction. After the period of retained jurisdiction, Schomer was placed on probation
for five years. In March 2020, Schomer again admitted to violating the terms of probation, and
the district court continued Schomer on probation until February 5, 2024. In June 2023, Schomer
admitted to violating the terms of probation for a sixth time, and the district court consequently
revoked probation and executed his sentence; however, the district court modified Schomer’s
sentence to a unified term of fourteen years, with a minimum period of confinement of twelve
years. Schomer filed an Idaho Criminal Rule 35 motion, which the district court denied. Schomer
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
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
Schomer’s Rule 35 motion, we conclude no abuse of discretion has been shown. Therefore, the
district court’s order denying Schomer’s I.C.R. 35 motion is affirmed.

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