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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket Nos. 44260/44261

STATE OF IDAHO,

Plaintiff-Respondent,

v.

THERON PATRICK CHARLEY,

Defendant-Appellant.

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2016 Unpublished Opinion No. 793

Filed: November 29, 2016

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia

County. Hon. Michael R. Crabtree, District Judge. 

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

Eric D. Fredericksen, State Appellate Public Defender; Brian R. Dickson, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy 

Attorney General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

In docket number 44260, Theron Patrick Charley was found guilty of domestic violence. 

Idaho Code § 18-918(2). In January 2008, the district court sentenced Charley to a unified term 

of ten years with five years determinate, suspended the sentence, and placed Charley on 

supervised probation for a period of three years. In July 2008, Charley violated his probation by 

absconding supervision. Approximately two years later, Charley was located and arrested. 

Charley admitted to violating his probation and the district court revoked his probation, ordered 

the underlying sentence executed, and retained jurisdiction. Following the period of retained 

jurisdiction, the district court suspended Charley’s sentence and again placed him on supervised 

probation. In January 2012, Charley was arrested in Arizona and was charged with violating his 
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probation. In November 2014, Charley admitted to violating his probation and the district court 

reinstated him on supervised probation for a period of three years. 

In September 2015, the State charged Charley with felony driving under the influence in 

docket number 44261, I.C. §§ 18-8004, 18-8005(6). Charley was charged with violation of his 

probation in docket number 44260. Charley subsequently admitted the allegations in docket 

number 44260 and pled guilty to felony driving under the influence in docket number 44261. In 

November 2015 the district court revoked Charley’s probation and order the underlying sentence 

executed in docket number 44260 and imposed a concurrent unified sentence of ten years with 

three years determinate in docket number 44261.

On May 9, 2016, Charley filed Idaho Criminal Rule 35 motion for reduction of sentence 

in docket number 44260, and on May 11, 2016, he filed an I.C.R. 35 motion for reduction of 

sentence in docket number 44261. The district court denied both motions. Charley appeals

asserting that the district court abused its discretion by denying his Rule 35 motions.

An I.C.R. 35 motion must be filed within 120 days of the entry of the judgment. 

I.C.R. 35(b). The 120-day filing limit is jurisdictional and deprives the district court of authority 

to entertain an untimely motion. State v. Fox, 122 Idaho 550, 552, 835 P.2d 1361, 1363 (Ct. 

App. 1992). Charley’s Rule 35 motions were not timely filed. Therefore, the district court’s 

orders denying Charley’s Rule 35 motions are affirmed.