State v. Puga

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…