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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41201 STATE OF IDAHO, ) 2014 Unpublished Opinion No. 514 ) Plaintiff-Respondent, ) Filed: May 22, 2014 ) v. ) Stephen W. Kenyon, Clerk ) MATTHEW R. PEEK, aka MATTHEW ) THIS IS AN UNPUBLISHED ROBERT PEEK, PEEKABOO, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas J. Ryan, District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of one and one-half years, for aggravated driving under the influence, affirmed. Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Chief Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM Matthew R. Peek, aka Matthew Robert Peek, Peekaboo pled guilty to aggravated driving under the influence. I.C. §§ 18-8004, 18-8006. The district court sentenced Peek to a unified term of ten years, with a minimum period of confinement of one and one-half. Peek 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 1 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, Peek’s judgment of conviction and sentence are affirmed. 2
Document Info
Filed Date: 5/22/2014
Precedential Status: Non-Precedential
Modified Date: 4/18/2021