State v. Zachary Eugene Tharp

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 43908
STATE OF IDAHO, ) 2016 Unpublished Opinion No. 630
)
Plaintiff-Respondent, ) Filed: August 4, 2016
)
v. ) Stephen W. Kenyon, Clerk
)
ZACHARY EUGENE THARP, ) THIS IS AN UNPUBLISHED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. Steven J. Hippler, District Judge.
Judgment of conviction and unified sentence of fifteen years, with a minimum
period of confinement of seven years, for unlawful discharge of a firearm into a
dwelling house, affirmed.
Eric D. Fredericksen, Interim State Appellate Public Defender; Brian R. Dickson,
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; GRATTON, Judge;
and HUSKEY, Judge
________________________________________________
PER CURIAM
Zachary Eugene Tharp pled guilty to unlawful discharge of a firearm into a dwelling
house. I.C. § 18-3317. In exchange for his guilty plea, additional charges were dismissed. The
district court sentenced Tharp to a unified term of fifteen years, with a minimum period of
confinement of seven years. Tharp 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
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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, Tharp’s judgment of conviction and sentence are affirmed.
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