State v. Todd Allen Butters

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 41003
STATE OF IDAHO, ) 2014 Unpublished Opinion No. 361
)
Plaintiff-Respondent, ) Filed: February 7, 2014
)
v. ) Stephen W. Kenyon, Clerk
)
TODD ALLEN BUTTERS, ) THIS IS AN UNPUBLISHED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. Juneal C. Kerrick, District Judge.
Judgment of conviction and unified sentence of seven years, with three years
determinate, for possession of a controlled substance, affirmed.
Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann Allred, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy
Attorney General, Boise, for respondent.
________________________________________________
Before GUTIERREZ, Chief Judge; LANSING, Judge;
and MELANSON, Judge
PER CURIAM
Todd Allen Butters pled guilty to possession of a controlled substance. Idaho Code
§ 37-2732(c)(1). The district court sentenced Butters to a unified term of seven years, with three
years determinate. Butters appeals, contending 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
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
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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, Butters’ judgment of conviction and sentence are affirmed.
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