Sentence stands in case

SANDPOINT — The Idaho Court of Appeals is affirming the sentence handed down in a child pornography case against a former Bonner County man.

Lance Robert Pearson was charged with sexual exploitation of a child in 2013. He drew the scrutiny of the Idaho Internet Crimes Against Children Task Force by using a digital file-sharing network to download images of children involved in erotic nudity and sexual conduct, according to court documents.

At least one of the digital images was verified as child pornography by the National Center For Missing & Exploited Children, court records indicated.

Pearson’s activities on the network were investigated by the Bonner County Sheriff’s Office, the FBI and the U.S. Secret Service, culminating in the execution of a search warrant at Pearson’s residence and the seizure of computer equipment. The case wasn’t prosecuted until 2015 because of a burdensome caseload at the FBI.

Pearson pleaded guilty and the Idaho Department of Correction recommended he be placed on probation with a suspended prison term. The state and defense also recommended probation with 180 days of local incarceration.

Senior 1st District Judge Steve Verby, however, imposed a suspended two- to five-year prison term, but retained jurisdiction over Pearson, also known as a rider. Verby opted for a rider because Pearson would have access to correctional programs that are available at county jails, court records indicate.

Pearson later moved for leniency, arguing that the sentence that was imposed was illegal and should be adjusted in accordance with an Idaho criminal court rule. Verby, however, denied motion and declined to adjust the sentence.

Pearson, 30, appealed, but the appeals court ruled that Verby did not abuse his discretion in denying motion.

“In presenting a Rule 35 motion, the defendant must show that the sentence is excessive in light of new or additional information subsequently provided to the district court in support of the motion,” judges David Gratton, Sergio Gutierrez and John Melanson said in an unpublished opinion released on Wednesday.

Appeals court judges ruled that there was no abuse of discretion after reviewing the materials Pearson submitted along with his motion, the two-page opinion said.

Pearson was released onto probation earlier this month, court records said. Pearson currently resides in Kootenai County, according to the Idaho State Police online sex offender registry.