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State v. Bradley

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 27, 2015
Docket No. 42623 (Idaho Ct. App. Aug. 27, 2015)

Opinion

Docket No. 42623 2015 Unpublished Opinion No. 602

08-27-2015

STATE OF IDAHO, Plaintiff-Respondent, v. EUGENE EDWARD BRADLEY, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Sixth Judicial District, State of Idaho, Bannock County. Hon. Stephen S. Dunn, District Judge. Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of three years, for domestic battery, affirmed. Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Before MELANSON, Chief Judge; GUTIERREZ, Judge; and GRATTON, Judge

____________________

PER CURIAM

Eugene Edward Bradley pled guilty to domestic battery. I.C. §§ 18-903 and 18-918(2)(a). The district court sentenced Bradley to a unified term of seven years, with a minimum period of confinement of three years. However, the district court retained jurisdiction, sent Bradley to participate in the retained jurisdiction program, and thereafter placed him on probation. Bradley appeals, asserting that the underlying 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 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, Bradley's judgment of conviction and sentence are affirmed.


Summaries of

State v. Bradley

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 27, 2015
Docket No. 42623 (Idaho Ct. App. Aug. 27, 2015)
Case details for

State v. Bradley

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. EUGENE EDWARD BRADLEY…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Aug 27, 2015

Citations

Docket No. 42623 (Idaho Ct. App. Aug. 27, 2015)