[Download] "State Idaho v. Angel Martinez Puga" by Court of Appeals of Idaho No. 16883 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Angel Martinez Puga
• Author : Court of Appeals of Idaho No. 16883
• Release Date : January 21, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Angel Puga was convicted of vehicular manslaughter. On direct appeal, we affirmed the judgment of conviction and the fixed seven-year sentence. State v. Puga, 111 Idaho 874, 728 P.2d 398 (Ct.App.1986). Puga now appeals the denial of a motion to reduce his sentence under I.C.R. 35. The only issue before us is whether the district Judge abused his discretion by denying Puga an evidentiary hearing before ruling on the motion. We affirm. A Rule 35 motion essentially is a plea for leniency which may be granted if the sentence imposed was, for any reason, unduly severe. State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984). The Judge may consider facts presented at the original sentencing as well as any new information concerning the defendant's rehabilitative progress in confinement. State v. Torres, 107 Idaho 895, 693 P.2d 1097 (Ct.App.1984). The decision whether to conduct a hearing on a Rule 35 motion is directed to the sound discretion of the district court. State v. Arambula, 97 Idaho 627, 550 P.2d 130 (1976); State v. Hoffman, 112 Idaho 114, 730 P.2d 1034 (Ct.App.1986); I.C.R. 35. We have held that an abuse of discretion is demonstrated where a Judge unduly limits the information considered before deciding a Rule 35 motion. State v. Torres, supra.

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