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State v. Brooke

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 26, 2018
Docket No. 45407 (Idaho Ct. App. Mar. 26, 2018)

Opinion

Docket No. 45407 2018 Unpublished Opinion No. 400

03-26-2018

STATE OF IDAHO, Plaintiff-Respondent, v. ELLEN JULIA BROOKE, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Lara E. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 five years, with a minimum period of confinement of one year, for felony leaving the scene of an injury accident, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Lara E. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Ellen Julia Brooke pled guilty to leaving the scene of an injury accident, Idaho Code § 18-8007 (Count I); and driving under the influence of alcohol, excessive, I.C. § 18-8004C (Count II). The district court sentenced Brooke to a unified term of five years with one year determinate for Count I and a concurrent one-year jail sentence for Count II. Brooke appeals asserting that the district court abused its discretion by imposing an excessive sentence.

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, Brooke's judgment of conviction and sentence are affirmed.


Summaries of

State v. Brooke

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 26, 2018
Docket No. 45407 (Idaho Ct. App. Mar. 26, 2018)
Case details for

State v. Brooke

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. ELLEN JULIA BROOKE…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 26, 2018

Citations

Docket No. 45407 (Idaho Ct. App. Mar. 26, 2018)