1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44039

STATE OF IDAHO,

Plaintiff-Respondent,

v.

JUDY SCANTLIN,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2016 Unpublished Opinion No. 723

Filed: October 5, 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THIS IS AN UNPUBLISHED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, 

Jerome County. Hon. John K. Butler, District Judge. 

Judgment of conviction and concurrent unified sentences of fourteen years, with 

two years determinate, for two counts of grand theft, affirmed; order denying 

Idaho Criminal Rule 35 motion for reduction of sentence, affirmed.

Eric D. Fredericksen, Interim State Appellate Public Defender; Jenny C. 

Swinford, Deputy Appellate Public Defender, Boise, for appellant. 

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

General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Judy Scantlin pled guilty to two counts of grand theft, Idaho Code §§ 18-2403(1), 18-

2407(1)(b)(1). The district court imposed concurrent unified sentences of fourteen years, with 

two years determinate. Scantlin filed an Idaho Criminal Rule 35 motion, which the district court 

denied. Scantlin 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 
2

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 Scantlin’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, Scantlin’s judgment of conviction and sentences and the district court’s order 

denying Scantlin’s Rule 35 motion, are affirmed.