State of Idaho v. Kordero Carl Gee

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50591

STATE OF IDAHO, )
) Filed: November 22, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
KORDERO CARL GEE, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Fourth Judicial District, State of Idaho,
Elmore County. Hon. Theodore Fleming, District Judge.

Judgment of conviction and unified sentence of twenty years, with a minimum
period of confinement of five years, for rape, affirmed; order denying I.C.R. 35
motion for reduction of sentence, affirmed.

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

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy
Attorney General, Boise, for respondent.
________________________________________________

Before GRATTON, Judge; HUSKEY, Judge;
and MELANSON, Judge Pro Tem
________________________________________________

PER CURIAM
Kordero Carl Gee pled guilty to rape, Idaho Code § 18-6101(1). The district court
imposed a unified sentence of twenty years with five years determinate. Gee filed an Idaho
Criminal Rule 35 motion, which the district court denied. Gee appeals asserting that the district
court abused its discretion by imposing an excessive sentence and by denying his Rule 35
motion.
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.

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See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State
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). Our role is limited to determining whether reasonable minds could reach the same
conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App.
2020). 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 Gee’s Rule 35 motion. A
motion for reduction of sentence under Rule 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). Upon review of the record, including
any new information submitted with Gee’s Rule 35 motion, we conclude no abuse of discretion
has been shown.
Therefore, Gee’s judgment of conviction and sentence, and the district court’s order
denying Gee’s Rule 35 motion, are affirmed.

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