State v. Davis ( 2018 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 46039
    STATE OF IDAHO,                                 )
    )   Filed: December 12, 2018
    Plaintiff-Respondent,                    )
    )   Karel A. Lehrman, Clerk
    v.                                              )
    )   THIS IS AN UNPUBLISHED
    JACE ALLAN DAVIS,                               )   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. Nancy Baskin, District Judge.
    Judgment of conviction and unified sentence of six and one-half years, with a minimum
    period of confinement of one and one-half years, for possession of controlled
    substance, affirmed.
    Eric D. Fredericksen, State Appellate Public Defender; Jason C. Pintler, 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; GUTIERREZ, Judge;
    and HUSKEY, Judge
    ________________________________________________
    PER CURIAM
    Jace Allan Davis pleaded guilty to possession of controlled substance, 
    Idaho Code § 37
    -
    2732(c). The district court imposed a unified sentence of six and one-half years, with one and
    one-half years determinate. Davis 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, Davis’s judgment of conviction and sentence are affirmed.
    2
    

Document Info

Filed Date: 12/12/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021