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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 42300

STATE OF IDAHO,

Plaintiff-Respondent,

v.

GLENN ALLEN LANGE,

Defendant-Appellant.

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2015 Unpublished Opinion No. 465

Filed: April 15, 2015

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED 

OPINION AND SHALL NOT 

BE CITED AS AUTHORITY

Appeal from the District Court of the First Judicial District, State of Idaho, 

Kootenai County. Hon. Lansing L. Haynes, District Judge. 

Judgment of conviction and unified sentence of six years, with a minimum period 

of confinement of two years, for felony operating a motor vehicle while under the 

influence of alcohol, affirmed; order denying I.C.R. 35 motion for reduction of 

sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before LANSING, Judge; GUTIERREZ, Judge;

and GRATTON, Judge

PER CURIAM

Glenn Allen Lange pled guilty to felony operating a motor vehicle while under the 

influence of alcohol. Idaho Code §§ 18-8004, 18-8005(5). The district court sentenced Lange to 

a unified term of six years, with a minimum period of confinement of two years. Lange filed an 

Idaho Criminal Rule 35 motion, which the district court denied. Lange appeals asserting that the 

district court abused its discretion by imposing an excessive sentence and by denying his Rule 35 

motion.

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. 
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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). 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 Lange’s Rule 35 motion. 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). In conducting our review of the grant 

or denial of a Rule 35 motion, we consider the entire record and apply the same criteria used for 

determining the reasonableness of the original sentence. State v. Forde, 113 Idaho 21, 22, 740 

P.2d 63, 64 (Ct. App. 1987); Lopez, 106 Idaho at 449-51, 680 P.2d at 871-73. Upon review of 

the record, we conclude no abuse of discretion has been shown.

Therefore, Lange’s judgment of conviction and sentence, and the district court’s order 

denying Lange’s Rule 35 motion, are affirmed.