Description: Caldwell, Idaho criminal defense lawyer represented the Defendant charged with felony DUI.

Steven Tobias Marmon pled guilty to felony driving under the influence.[1] Idaho Code § 18-8005(9). In exchange for his guilty plea, an additional charge that he is a persistent violator was dismissed. The district court sentenced Marmon to a unified term of ten years, with a minimum period of confinement of three years. Marmon filed an Idaho Criminal Rule 35 motion, which the district court denied. Marmon appeals, arguing that his sentence is excessive and that the district court erred in denying his Rule 35 motion for reduction of sentence.

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Legal issue Can the district court's denial of a Rule 35 motion for reduction of sentence be considered an abuse of discretion?
Headnote

CRIMINAL LAW. SENTENCING DISCRETION. The case addresses whether the district court abused its discretion in imposing a unified sentence of ten years, with a minimum period of confinement of three years, for felony driving under the influence, when the defendant argued that the sentence was excessive.

CRIMINAL PROCEDURE. MOTION FOR REDUCTION OF SENTENCE. The court considered the appropriateness of denying an Idaho Criminal Rule 35 motion for reduction of sentence, with the defendant required to present new or additional information to prove the sentence was excessive.

Key Phrases Felony driving under the influence. Persistent violator. Rule 35 motion. Excessive sentence. Abuse of discretion.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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