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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 46244 STATE OF IDAHO, ) ) Filed: February 12, 2019 Plaintiff-Respondent, ) ) Karel A. Lehrman, Clerk v. ) ) THIS IS AN UNPUBLISHED JOHN IRVIN ODLE, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Steven J. Hippler, District Judge. Judgment of conviction and unified sentence of seven years with a minimum period of confinement of two years for possession of a controlled substance, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GRATTON, Chief Judge; HUSKEY, Judge; and LORELLO, Judge ________________________________________________ PER CURIAM John Irvin Odle pled guilty to possession of a controlled substance. Idaho Code § 37- 2732(c). The district court sentenced Odle to a unified term of seven years with two years determinate. Odle appeals asserting that the district court abused its discretion by imposing an excessive sentence and declining to retain jurisdiction or place him on probation. 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 the sentence are well established and need not be repeated here. See State v. Hernandez,
121 Idaho 114, 117-18,
822 P.2d 1011, 1014- 1 15 (Ct. App. 1991); State v. Lopez,
106 Idaho 447, 449-51,
680 P.2d 869, 871-73 (Ct. App. 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, Odle’s judgment of conviction and sentence are affirmed. 2
Document Info
Filed Date: 2/12/2019
Precedential Status: Non-Precedential
Modified Date: 2/12/2019