State v. Jared G. Sizemore ( 2011 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 37312
    STATE OF IDAHO,                                  )     2011 Unpublished Opinion No. 342
    )
    Plaintiff-Respondent,                     )     Filed: February 2, 2011
    )
    v.                                               )     Stephen W. Kenyon, Clerk
    )
    JARED G. SIZEMORE,                               )     THIS IS AN UNPUBLISHED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. Patrick H. Owen, District Judge.
    Judgment of conviction and unified sentence of two years, with a minimum
    period of confinement of four months, for felony injury to jail, affirmed.
    Deborah Whipple of Nevin, Benjamin, McKay & Bartlett LLP, Boise, for
    appellant.
    Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
    General, Boise, for respondent.
    ______________________________________________
    Before GRATTON, Chief Judge; GUTIERREZ, Judge;
    and MELANSON, Judge
    PER CURIAM
    Jared G. Sizemore pled guilty to felony injury to jail. I.C. § 18-7018. The district court
    sentenced Sizemore to a unified term of two years, with a minimum period of confinement of
    four months, to run consecutive to an unrelated sentence. Sizemore appeals.
    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
                                                  1
    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, Sizemore’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 2/2/2011

Precedential Status: Non-Precedential

Modified Date: 10/30/2014