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State v. Baker

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 10, 2015
Docket No. 43030 (Idaho Ct. App. Nov. 10, 2015)

Opinion

Docket No. 43030 2015 Unpublished Opinion No. 701

11-10-2015

STATE OF IDAHO, Plaintiff-Respondent, v. KELLY LEON BAKER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Jason D. Scott, 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; Jenny C. Swinford, 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 HUSKEY, Judge

____________________

PER CURIAM

Kelly Leon Baker pled guilty to felony driving under the influence. I.C. §§ 18-8004 and 18-8005(9). The district court sentenced Baker to a unified term of ten years, with a minimum period of confinement of three years. Baker 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 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, Baker's judgment of conviction and sentence are affirmed.


Summaries of

State v. Baker

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 10, 2015
Docket No. 43030 (Idaho Ct. App. Nov. 10, 2015)
Case details for

State v. Baker

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. KELLY LEON BAKER…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 10, 2015

Citations

Docket No. 43030 (Idaho Ct. App. Nov. 10, 2015)