State v. Gilberto Garza, Jr. ( 2015 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 42849
    STATE OF IDAHO,                                 )   2015 Unpublished Opinion No. 748
    )
    Plaintiff-Respondent,                    )   Filed: December 4, 2015
    )
    v.                                              )   Stephen W. Kenyon, Clerk
    )
    GILBERTO GARZA, JR.,                            )   THIS IS AN UNPUBLISHED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. Steven J. Hippler, District Judge.
    Judgment of conviction and unified sentence of fourteen years, with a minimum
    term of confinement of seven years, for grand theft, affirmed.
    Sara B. Thomas, 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 MELANSON, Chief Judge; GUTIERREZ, Judge;
    and HUSKEY, Judge
    ________________________________________________
    PER CURIAM
    Gilberto Garza, Jr., pled guilty to grand theft, Idaho Code §§ 18-2403(1) and/or (4), 18-
    2407(1)(b), 18-2409. The district court imposed a unified sentence of fourteen years, with a
    minimum term of confinement of seven years. Garza appeals, contending that his 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 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-
    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, Garza’s judgment of conviction and sentence are affirmed.
    2