State v. Abbott

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 45730
STATE OF IDAHO, )
) Filed: July 26, 2018
Plaintiff-Respondent, )
) Karel A. Lehrman, Clerk
v. )
) THIS IS AN UNPUBLISHED
CHRISTOPHER E. ABBOTT, ) 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. Jonathan Medema, District Judge.
Judgment of conviction and unified sentence of fifteen years, with a minimum
period of confinement of seven years, for aggravated driving under the influence
of alcohol, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, 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
Christopher E. Abbott pled guilty to aggravated driving under the influence of alcohol,
Idaho Code § 18-8006. In exchange for his guilty plea, an additional charge was dismissed. The
district court imposed a unified sentence of fifteen years, with a minimum period of confinement
of seven years. Abbott filed an Idaho Criminal Rule 35 motion for reduction of his sentence,
which the district court denied. Abbott 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
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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
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, Abbott’s judgment of conviction and sentence are affirmed.
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