1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 36591

STATE OF IDAHO , Plaintiff-Respondent ,

v.

GREG L. ROBERTS , Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2010 Unpublished Opinio n No. 727

Filed: December 2, 2010
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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, Stat e of Idaho, Bonner County. Hon. Steven C. Verby , District Judge.
Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of five years
, for possession of sexually exploitative material
, affirmed ; order denying I.C.R. 35 motion for reduction of sentence, affirmed

. Molly J. Huskey, State Appellate Public Defender; Sarah E. Tompkins, Deputy Appellate Public Defend er, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

______________________________________________ Before GUTIERREZ, Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM Greg L. Roberts pled guilty to possession of sexually exploitative material . I.C. § 18

- 1507, 18

- 1507A . In exchange for his guilty plea, an additional charge was dismissed. The
district court sentenced Rob erts to a unified term of seven years, with a minimum period of confinement of five years

. Roberts filed an I.C.R 35 motion, which the district court denied.
Roberts 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); State2

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 Roberts ’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, Roberts ’s judgment of conviction and sentence, and the district court’s order denying Roberts ’s Rule 35 motion, are affirmed.