Filed Date: 8/6/2015
Status: Non-Precedential
Modified Date: 4/17/2021
IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket Nos. 42676/42677 STATE OF IDAHO, ) 2015 Unpublished Opinion No. 579 ) Plaintiff-Respondent, ) Filed: August 6, 2015 ) v. ) Stephen W. Kenyon, Clerk ) LARRY BREWER, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. George A. Southworth, District Judge. Judgments of conviction and concurrent unified sentences of five years with two and one-half years determinate for failure to register as a sex offender and possession of a controlled substances, affirmed. Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before MELANSON, Chief Judge; GUTIERREZ, Judge; and GRATTON, Judge ________________________________________________ PER CURIAM In Docket No. 42676, Larry Brewer pled guilty to failure to register as a sex offender,Idaho Code §§ 18-8304
, 18-8307, 18-8308, 18-8309, 18-8311. The district court imposed a sentence of five years with two and one-half years determinate. In Docket No. 42677, Brewer pled guilty to one count of possession of a controlled substance, I.C. § 37-2732(c)(1). The district court imposed a concurrent sentence of five years with two and one-half years determinate. Brewer appeals asserting that the district court abused its discretion by imposing excessive sentences. 1 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 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, Brewer’s judgments of conviction and sentences are affirmed. 2