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State v. Joseph Nelson Cortez ( 2014 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 40937
STATE OF IDAHO,                                  )     2014 Unpublished Opinion No. 522
)
Plaintiff-Respondent,                     )     Filed: May 23, 2014
)
v.                                               )     Stephen W. Kenyon, Clerk
)
JOSEPH NELSON CORTEZ,                            )     THIS IS AN UNPUBLISHED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,
Boise County. Hon. Patrick H. Owen, District Judge.
Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of two years, for felony driving under the influence, affirmed.
Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before LANSING, Judge; GRATTON, Judge;
and MELANSON, Judge
PER CURIAM
Joseph Nelson Cortez pled guilty to felony driving under the influence. Idaho Code
§§ 18-8004, 18-8005(9). The district court sentenced Cortez to a unified term of ten years, with
a minimum period of confinement of two years. Cortez appeals asserting that the district court
abused its discretion by imposing an excessive sentence.
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
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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, Cortez’s judgment of conviction and sentence are affirmed.
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