State Idaho v. Aundrea Joe Clayton

A jury found Aundrea Clayton guilty of first degree burglary and petit theft. I.C. §§ 18-1401, -1402, -2403 and -2407. The district Judge sentenced him to a three-year indeterminate term for the burglary and a concurrent six-month indeterminate term for the petit theft. Four months after sentencing, Clayton filed a timely Rule 35 motion for reconsideration of his sentence. Specifically, he requested reduction of his indeterminate three-year sentence to six months incarceration followed by probation. The court held a hearing on the motion at which only Clayton presented evidence. Following denial of the motion, Clayton brought this appeal. The sole issue for consideration is whether the district court abused its discretion in denying Claytons motion. We find no such abuse and affirm the courts order.