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State v. Andrew Wayne Bryant ( 2014 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 41018
STATE OF IDAHO,                                  )     2014 Unpublished Opinion No. 519
)
Plaintiff-Respondent,                     )     Filed: May 23, 2014
)
v.                                               )     Stephen W. Kenyon, Clerk
)
ANDREW WAYNE BRYANT,                             )     THIS IS AN UNPUBLISHED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. Michael E. Wetherell, District Judge.
Judgment of conviction and unified sentence of five years, with a minimum
period of confinement of four years, for battery on a correctional
officer, affirmed.
Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy
Attorney General, Boise, for respondent.
________________________________________________
Before LANSING, Judge; GRATTON, Judge;
and MELANSON, Judge
PER CURIAM
Andrew Wayne Bryant was convicted of battery on a correctional officer, Idaho Code
§§ 18-915(2), 18-903(b). The district court sentenced Bryant to a unified term of five years, with
a minimum period of confinement of four years. Bryant 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.
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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, Bryant’s judgment of conviction and sentence are affirmed.
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