State of Idaho v. Jerry John Garcia

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51469

STATE OF IDAHO, )
) Filed: November 27, 2024
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
JERRY JOHN GARCIA, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the First Judicial District, State of Idaho,
Shoshone County. Hon. Barbara Duggan, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of three years, for possession of a controlled substance with the
intent to deliver, affirmed; order denying I.C.R. 35 motion for reduction of
sentence, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Sally J. Cooley, Deputy
Appellate Public Defender, Boise, for appellant.

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

Before HUSKEY, Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Jerry John Garcia pled guilty to possession of a controlled substance with the intent to
deliver. I.C. § 37-2732(a)(1)(A). In exchange for his guilty plea, additional charges were
dismissed including an allegation that he is a persistent violator. The district court sentenced
Garcia to a unified term of ten years, with a minimum period of confinement of three years. Garcia
filed an I.C.R. 35 motion, which the district court denied. Garcia appeals, arguing that his sentence

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is excessive and that the district court erred in denying his Rule 35 motion for reduction of
sentence.
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. 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 Garcia’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 Garcia’s Rule 35 motion, we conclude no abuse of discretion has been shown.
Therefore, Garcia’s judgment of conviction and sentence, and the district court’s order
denying Garcia’s Rule 35 motion, are affirmed.

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