State v. Malina Kae Chavez

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 44062
STATE OF IDAHO, ) 2017 Unpublished Opinion No. 321
)
Plaintiff-Respondent, ) Filed: January 18, 2017
)
v. ) Stephen W. Kenyon, Clerk
)
MALINA KAE CHAVEZ, ) THIS IS AN UNPUBLISHED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. Deborah A. Bail, District Judge.
Judgment of conviction and unified sentence of seven years, with a minimum period of
confinement of two years, for possession of a controlled substance, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy
Attorney General, Boise, for respondent.
________________________________________________
Before GUTIERREZ, Judge; MELANSON, Judge
and HUSKEY, Judge
________________________________________________
PER CURIAM
Malina Kae Chavez pleaded guilty to possession of a controlled substance, Idaho Code §
37-2732(c). The district court imposed a unified seven-year sentence, with two years
determinate. Chavez appeals, contending that her 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, Chavez’s judgment of conviction and sentence are affirmed.
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