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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 37583

STATE OF IDAHO,

Plaintiff-Respondent,

v.

ORLANDO FIGUEROA,

Defendant-Appellant.

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2010 Unpublished Opinion No. 749

Filed: December 20, 2010

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Michael E. Wetherell, District Judge. 

Judgment of conviction and unified sentence of fifteen years, with a minimum 

period of confinement of four years, for aggravated battery, affirmed; order 

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

Molly J. Huskey, State Appellate Public Defender; Shawn F. Wilkerson, Deputy 

Appellate Public Defender, Boise, for appellant. 

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

Attorney General, Boise, for respondent. 

______________________________________________

Before LANSING, Chief Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Orlando Figueroa pled guilty to aggravated battery. I.C. §§ 18-903(a), 18-907(b). In 

exchange for Figueroa’s guilty plea, the state dismissed an enhancement to the aggravated 

battery. The district court sentenced Figueroa to a unified term of fifteen years, with a minimum 

period of confinement of four years, to run concurrent with an unrelated sentence. Figueroa filed 

an I.C.R 35 motion, which the district court denied. Figueroa appeals.

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

denying Figueroa’s Rule 35 motion, are affirmed.