Revised Cobler Opinion Issued

The Court issued an amended opinion in State v. Cobler today. (This is the case where the Court held that the district court abused its discretion in denying a motion to modify a no contact order, but upheld the sentence imposed and the denial of the Rule 35 motion.)

There was some language in the original opinion that suggested (1) that the district court could not consider good conduct while incarcerated as grounds in support of a sentence reduction, and (2) that the information that could properly be considered was had to be something that could serve “as an underlying basis for the sentence.” This could be read to mean that the new and additional information submitted in support of a Rule 35 motion had to be available but not presented at the time of sentencing.

In today's opinion the following language from the original is missing: "Furthermore, prison behavior is not the type of new or additional information that will support a Rule 35 motion, as it could not serve as an underlying basis for Cobler’s sentence." Thus, it is now clear that post-sentencing behavior can be considered by the Court as a basis for a reduction of sentence under Rule 35. It is equally clear, however, that the sentencing court does not need to give much weight to that evidence. ("Furthermore, the district court did not abuse its discretion in giving little or no weight to Cobler’s good behavior while in prison.")

Overall, this is good news. To read the amended opinion: http://www.isc.idaho.gov/opinions/CoblerSUB.pdf