State v. Caldwell ( 2018 )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 46166
STATE OF IDAHO, )
) Filed: December 31, 2018
Plaintiff-Respondent, )
) Karel A. Lehrman, Clerk
v. )
) THIS IS AN UNPUBLISHED
AMBER RAE CALDWELL, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho,
Elmore County. Hon. Nancy A. Baskin, District Judge.
Judgment of conviction and suspended unified sentence of five years, with a
minimum period of confinement of two years, for possession of a controlled
substance, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster,
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
Amber Rae Caldwell pled guilty to possession of a controlled substance. I.C. § 37-
2732(c)(1). In exchange for her guilty plea, additional charges were dismissed. The district
court sentenced Caldwell to a unified term of five years, with a minimum period of confinement
of two years. However, the district court retained jurisdiction and sent Caldwell to participate in
the rider program. Following successful completion of her rider, the district court suspended
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Caldwell’s sentence and placed her on probation. Caldwell appeals, arguing that her underlying
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.
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, Caldwell’s judgment of conviction and sentence are affirmed.
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