State v. Jeffrey Lee Hamilton ( 2010 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 37240
    STATE OF IDAHO,                                  )     2010 Unpublished Opinion No. 607
    )
    Plaintiff-Respondent,                     )     Filed: August 24, 2010
    )
    v.                                               )     Stephen W. Kenyon, Clerk
    )
    JEFFREY LEE HAMILTON,                            )     THIS IS AN UNPUBLISHED
    )     OPINION AND SHALL NOT
    Defendant-Appellant.                      )     BE CITED AS AUTHORITY
    )
    Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
    County. Hon. Ronald J. Wilper, District Judge.
    Judgment of conviction and unified sentence of ten years, with a minimum period
    of confinement of five years, for felony driving under the influence of alcohol,
    affirmed.
    Molly J. Huskey, State Appellate Public Defender; Justin M. Curtis, Deputy
    Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
    General, Boise, for respondent.
    ________________________________________________
    Before LANSING, Chief Judge, GUTIERREZ, Judge
    and GRATTON, Judge
    PER CURIAM
    Jeffrey Lee Hamilton was convicted of felony driving under the influence of alcohol,
    
    Idaho Code §§ 18-8004
    , 18-8005(7). The district court imposed a unified sentence of ten years,
    with a minimum period of confinement of five years. Hamilton appeals, contending that the
    sentence is excessive.
    Sentencing is a matter for the trial court’s discretion. Both our standard of review and the
    factors to be considered in evaluating the reasonableness of a sentence are well established and
    need not be repeated here. See State v. Hernandez, 
    121 Idaho 114
    , 117-18, 
    822 P.2d 1011
    , 1014-
    15 (Ct. App. 1991); State v. Lopez, 
    106 Idaho 447
    , 449-51, 
    680 P.2d 869
    , 871-73 (Ct. App.
    1
    1984); State v. Toohill, 
    103 Idaho 565
    , 568, 
    650 P.2d 707
    , 710 (Ct. App. 1982). When reviewing
    the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 
    144 Idaho 722
    , 726, 
    170 P.3d 387
    , 391 (2007). Applying these standards, and having reviewed the record
    in this case, we cannot say that the district court abused its discretion.
    Therefore, Hamilton’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 8/24/2010

Precedential Status: Non-Precedential

Modified Date: 4/18/2021