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State v. Converse

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 20, 2014
Docket No. 41653 (Idaho Ct. App. Aug. 20, 2014)

Opinion

Docket No. 41653 2014 Unpublished Opinion No. 683

08-20-2014

STATE OF IDAHO, Plaintiff-Respondent, v. RICKY N. CONVERSE, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge. Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of three years, for possession of methamphetamine, affirmed. Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM

Ricky N. Converse was convicted of possession of methamphetamine, Idaho Code § 37-2732(c)(1). The district court sentenced Converse to a unified term of seven years with a minimum period of confinement of three years. He filed an Idaho Criminal Rule 35 motion for reduction of sentence which the district court denied. Converse appeals, contending that 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 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, Converse's judgment of conviction and sentence are affirmed.


Summaries of

State v. Converse

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 20, 2014
Docket No. 41653 (Idaho Ct. App. Aug. 20, 2014)
Case details for

State v. Converse

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. RICKY N. CONVERSE…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Aug 20, 2014

Citations

Docket No. 41653 (Idaho Ct. App. Aug. 20, 2014)