State v. Marc D. Yocom

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 41377
STATE OF IDAHO, ) 2015 Unpublished Opinion No. 334
)
Plaintiff-Respondent, ) Filed: February 6, 2015
)
v. ) Stephen W. Kenyon, Clerk
)
MARC D. YOCOM, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the First Judicial District, State of Idaho,
Kootenai County. Hon. John T. Mitchell, District Judge.
Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of three years, for felony driving under the influence, affirmed.
Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, 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; GUTIERREZ, Judge;
and GRATTON, Judge
________________________________________________
PER CURIAM
Marc D. Yocom entered an Alford 1 plea to felony driving under the influence. I.C. §§
18-8004, 18-8005. In exchange for his guilty plea, an additional charge that he was a persistent
violator was dismissed. The district court sentenced Yocom to a unified term of ten years, with a
minimum period of confinement of three years. The district court suspended the sentence and
placed Yocom on probation. However, Yocom refused to accept the terms of probation, so the
district court ordered execution of the original sentence. Yocom appeals.
1
See North Carolina v. Alford, 400 U.S. 25 (1970).
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, Yocom’s judgment of conviction and sentence are affirmed.
2