State of Idaho v. David Andrew Simmons

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50759

STATE OF IDAHO, )
) Filed: May 8, 2024
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
DAVID ANDREW SIMMONS, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the First Judicial District, State of Idaho,
Kootenai County. Hon. Richard S. Christensen, District Judge.

Order denying Idaho Criminal Rule 35 motion, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Elizabeth A. Allred, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kale D. Gans, Deputy Attorney General,
Boise, for respondent.
________________________________________________

Before HUSKEY, Judge; LORELLO, Judge;
and TRIBE, Judge
________________________________________________

PER CURIAM
David Andrew Simmons pleaded guilty to felony injury to child, Idaho Code § 18-1501(1).
The district court imposed a unified sentence of eight years, with a minimum period of
incarceration of two years. Simmons filed an Idaho Criminal Rule 35 motion, which the district
court denied. Simmons appeals.
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
an I.C.R. 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

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v. Huffman, 144 Idaho 201, 203, 159 P.3d 838, 840 (2007). Upon review of the record, including
any new information submitted with Simmons’s I.C.R. 35 motion, we conclude no abuse of
discretion has been shown. Therefore, the district court’s order denying Simmons’s I.C.R. 35
motion is affirmed.

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