1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket Nos. 45056 & 45057

STATE OF IDAHO ,
Plaintiff

- Respondent ,

v.
EZEQUIEL ADAN CAMPOS, aka EZEQUIEL Z. CAMPOS ,
Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) ) Filed: December 4, 2018
Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Juneal C. Kerrick , District Judge.
Orders denying post

- judgment motions to obtain copies of presentence investigation report and discovery materials, affirmed

. Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds
, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Atto rney General; M ark W. Olson , Deputy Attorney General, Boise, for respondent.

________________________________________________ LORELLO, Judge In two criminal cases that were consolidated on appeal, Ezequiel Adan Campos , aka Ezequiel Z. Campos, appeals from the district court ’ s order s denying his post

- judgment motion s to obtain copies of his presentence investigation report (PSI) and other discovery materials
associated with his two criminal cases. Campos asserts that the district court erred in concluding
that there was no legal authority to grant his motion s

. For the reasons set forth belo w, we affirm

. I.
FACTUAL AND PROCEDURAL BACKGROUND The State charged Campos with trafficking in heroin and trafficking in methamphetamine (Docket No. 45056) and possession of a controlled substance (Docket No. 45057 ). Pursuant to2 an I.C.R. 11 plea agree ment, Campos pled guilty to an amended trafficking charge and to possession of a controlled substance. Also pursuant to the agreement, Campos agreed to waive his right to appeal his judgments and sentences, and the State agreed to dismiss a separate
misde meanor charge. The district court accepted the plea agreement and imposed an aggregate sentence of fifteen years
, with three years determinate. Campos did not appeal. Approximately
nine months after entry of his judgments of convict ion, Campos filed mot ion s for copies of his
PSI and other discovery materials from both of his criminal cases , which the district court
denied . Campos filed notices of appeal. T he Idaho Supreme Court conditionally dismissed Campos’s appeal s on the basis that they were not from appealable order s as required by
I.A.R. 11(c). After receiving Campos’s response to the conditional dismissal order
, the Idaho Supreme Court withdrew the conditional dismissal order and reinstated Campos’s appeals

. II.
STANDARD OF REVIEW
When a tria l court ’ s discretionary decision is reviewed on appeal, the appellate court
conducts a multi

- tiered inquiry to determine whether the lower court correctly perceived the issue as one of discretion, acted within the boundaries of such discretion
, consistentl y with any legal standards applicable to the specific choices before it, and reached its decision by an
exercise of reason. S tate v. Herrera ,

___ Idaho

___ ,

____ , 429 P.2d 149
, 158 ( 2018 ).
III.
ANALYSIS Campos argues that the district court erred by denying his motion s for copies of his PSI
and other discovery materials because the district failed to correctly perceive the issue as one of
discretion and
, instead
, concluded it lacked authority to grant the motion

. The State argues that Campos’s ap peals must be dismissed as this Court is without appellate jurisdiction to review Campos ’ s claim s because the district court ’ s order s denying the motion s are not appealable

. We conclude that we have jurisdiction to consider Campos’s appeal s and that the d istrict court did not abuse its discretion in denying Campos’s motion s

. A. Jurisdiction Pursuant to I.A.R. 11(c)(9), an appeal may be taken from any post

- judgment order that
affects the substantial ri ghts of the State or a criminal defendant. Although the Idaho Supreme3 Court conditionally dismissed Campos’s appeal s under I.A.R. 11(c)(9), after considering Campos’s response to the conditional dismissal order, the Supreme Court withdrew the dismissal and reinstated the appeal s prior to assignin g them to this Court. Nevertheless, the State argues
that Campos’s appeal s should be dismissed under I.A.R. 11(c)(9). Campos argues that, under
State v. Lee , 117 Idaho 203, 786 P.2d 594 (Ct. App. 1990), this Court does not have authority to
reconsider wh ether the order s denying his motion s are appealable because that question was implicitly resolved by the Supreme Court when it withdrew its order conditionally dismissing Campos’s appeals on this same basis. We agree with Campos.
In Lee , prior to assignin g the appeal to this Court, the Idaho Supreme Court conditionally dismissed the appeal as untimely. Id. at 204, 786 P.2d at 595. Lee filed a response to the conditional dismissal order, setting forth the reasons he believed his appeal should not be
dismi ssed as untimely. Id. The Supreme Court subsequently withdrew the conditional dismissal
order , reinstated Lee’s appeal, and assigned the appeal to this Court. Id. at 205, 786 P.2d at 596. At the briefing stage, the State argued that Lee’s appeal should be dismissed as untimely. Id. We concluded that, because the procedural stage of the appeal had already been determined by the Supreme Court in the context of the conditional dismissal order, we had jurisdiction to consider Lee’s appeal. Id.
Lee is distinguishable from this case in that the issue in Lee was the timeliness of the appeal based on the mailbox rule. This Court concluded that the Supreme Court implicitly
resolved the timeliness issue in Lee’s favor by withdrawing the conditional dismi ssal. In this case, it is less clear that the Supreme Court made a determination that the order denying Campos’s motion was appealable under a substantial rights analysis pursuant to I.A.R. 11(c)(9). There is no express finding to that effect in the orde r reinstating Campos’s appeal . While such a finding could potentially be implied based on the fact that the Supreme Court did not dismiss the appeal , such an implication is more difficult than in Lee because whether the order affected Campos’ s substantial rights requires some analysis of the merits of Campos’ s claims as opposed
to a determination of timeliness

. Moreover, the order reinstating Campos’s appeal incorrectly states that the order of conditional dismissal was based on timeliness when, in fact, it was based on the appealability of the challenged order under I.A.R. 11(c).4 As explained below, Campos has failed to show a genuine need for the PSI or other discovery materials. Consequently, it could be said that the order did not affect his substantial rights and is not appealable. See State v. Adams , 115 Idaho 724, 769 P.2d 601 (Ct. App. 1989). However, since we have not been expressly asked to overrule or limit Lee , we will apply Lee and hold that we have jurisdiction to consider the merits of Campos’ s appeals.
B. Motion s for PSI and Discovery
In his motion s , Campos requested copies of his PSI and other discovery materials to “seek further litigation” for a “Collateral Review Action.” Campos also filed an affidavit in support of his motions in which he implied that he may pursue relief under I.C.R. 35(a) . T he district court denied the motions, stating: There are no matters currently pending in these criminal cases, and the time for appeal has expired. Further, a term of [Campos’s] binding Rule 11 plea agreement is that he waived his right to appeal the judgments and his sentences. [Campos] indicates that he desires to gather information for a collateral challenge to his convictions. However, [Campos] has not demonstrated any applicable court rule or other authority for the relief he now seeks in thes e two criminal cases. Specifically, there is no authority for discovery and the provision of copies of certain documents in these two closed cases, for which the appeal time has expired. Although [Campos] refers to a Rule 35(a) Motion to Correct an Ill egal Sentence, a review of the court file does not provide any support for such a motion, if that is what [Campos] intended to raise. Campos argues that the district court abused its discretion by denying his motion s , claiming the district court failed to correctly perceive the issue as one of discretion and instead concluded it lacked authority to grant the motion s

. We disagree.
Idaho Criminal Rule 32 (h)(1) provides that, after sentencing, the PSI must be sealed and cannot be opened without a court o rder authorizing release of the report to a specific agency or individual. Rule 32 does not provide guidance on the standard for releasing a PSI to a defendant after sentencing. However, in Adams , 115 Idaho at 725, 769 P.2d at 602, this Court stated that
, following sentencing, a defendant does not have an automatic right to a copy of his or her report; rather, the defendant must demonstrate a genuine need for the report in order to obtain court
authorization for its release. The Court in Adams rejected t he defendant’s request for his PSI because the defendant had no action pending in district court when he requested the PSI and had5 only made an unadorned claim that he needed the report to properly challenge alleged inaccuracies in the report. Id. Although the district court did not cite the Adams standard in its order denying Campos’s motion, it is apparent that the district court considered whether Campos demonstrated a genuine need for the report as required by Adams

. Application of t his standar d is reflected in the district
court’s discussion of the procedural posture of Campos’s criminal cases and the district court’s observation that Campos had “no matters currently pending” in his criminal cases . Campos has
failed to establish the district c ourt did not recognize it had discretion to grant his motions had Campos made the requisite showing. As to the merits of Campos’s request, he argues that he demonstrated a genuine need for the requested materials 1 because he “may” have needed them to demo nstrate his sentence s are illegal, to seek post

- conviction relief , to file a federal habeas petition, or to pursue a legal malpractice action against his original trial counsel. In the context of its jurisdictional argument, the State asserts that Campos failed to show a genuine need for the requested materials because
he did not have a post

- conviction petition or a Rule 35(a) motion p ending when he made his request and because he has failed to explain what information in the PSI would have any bearing

on the legality of his sentence or other theoretical post

- conviction claim. We first note that Campos’ s argument on appeal that he may have needed the requested materials for purposes of post

- conviction, federal habeas
, or a legal malpractice claim was not presented to the district court

. Appellate court review is limited to the evidence, theories, and arguments that were presented below. State v. Garcia

- Rodriguez , 162 Idaho 271, 275, 396 P.3d 700, 704 (2017). The only clear statement of need for the mate rials that Campos set forth in his motions and supporting affidavit was his desire to pursue a motion under Rule 35(a). We decline
to consider the other unpreserved grounds as to why Campos may need the materials that he has specifically identified for the first time on appeal. Even if considered, Campos presented no

1 Although Campos’s motions requested a copy of his PSI and discovery, his motions did not identify what discovery was requested or why he believed a court order for discovery was necessary. On appeal, Campos incorporates the discovery portion of his motions in his argument, but he only cites the legal standards governing relea se of the PSI. Because Campos has failed to show error in the denial of his motions, we decline to analyze the distinction between Campos’s request for discovery and his request for a copy of his PSI.6 evidence of a genuine need for the requested materials for the collateral purposes he has
identifie d on appeal. Regarding the Rule 35(a) grounds for Campos’s request, Campos failed t o show a genuine need for the PSI or other discovery materials to support such a motion. Rule 35(a) allows a court to correct a sentence that is illegal from the face of the record. Campos has cited no authority to support a conclusion that the PSI or un identified discovery materials are part of the record that may be reviewed in considering an illegal sentence claim. An illegal sentence claim under Rule 35(a) must be shown from the face of the record because Rule 35(a) only applies to a narrow category of cases in which the sentence imposes a penalty that is simply not authorized by law. State v. Clements , 148 Idaho 82, 86, 218 P.3d 1143 , 1147 (2009) . Inquiry into the underlying facts is not appropriate in considering an illegal sentence claim. Id. T hus, even assuming Campos was interested in pursuing a Rule 35(a) motion, it would not be appropriate for him to rely on the content in his PSI or discovery in relation to such a motion. Accordingly, Campos’s stated basis for acquiring those materials

-- a Rule 35(a) motion

-- was insufficient to demonstrate a genuine need for his PSI or other discovery. Campos has failed to show the district court abused its discretion in denying his motions for a copy of his PSI and other discovery.
IV.
CONCLUSION Because the Idaho Supreme Court withdr ew its conditional dismissal order and reinstated Campos ’ s appeal s before assignment of the appeals to this Court
, we decline to dismiss th ese appeal s for lack of jurisdiction . The district court did not abuse its dis cretion by denying Campos ’s motion s for copies of his PSI and other discovery m aterials. Therefore, the district

court ’ s order s denying Campos ’ s motion s for copies of his PSI and other discovery material s are affirmed. Chief Judge GRATTON and Judge GUTI ERREZ, CONCUR

.