State v. Jones
State v. Jones
Opinion of the Court
Appellant Larry John Jones pled guilty to a charge of aggravated assault, waived a pre-sentence investigation and was sentenced to an indeterminate five year prison term. No direct appeal was taken. Jones now appeals from a denial of his motion for reconsideration of sentence pursuant to Rule 35, Idaho Criminal Rules.
Assuming that the standard for review of an appeal from the denial of a motion to reconsider a sentence under I.C.R. 35 is the same as the abuse of discretion standard used to review a sentence on direct appeal, the sole issue raised is whether the trial court abused its discretion in denying the motion to reconsider the sentence. We hold that it did not and affirm.
Jones contends that the sentence is excessive because he is not receiving needed psychiatric care. He claims that without
We have considered the violent nature of the offense and have reviewed the progress report prepared by the Idaho State Correctional Institution. On this record, we cannot conclude that the trial court’s sentence and subsequent denial of the motion to reconsider the sentence constituted an abuse of discretion.
Reference
- Full Case Name
- STATE of Idaho, Plaintiff-Respondent v. Larry John JONES
- Cited By
- 1 case
- Status
- Published