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State v. Dowler

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 13, 2016
Docket No. 43950 (Idaho Ct. App. Sep. 13, 2016)

Opinion

Docket No. 43950 2016 Unpublished Opinion No. 681

09-13-2016

STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL LES DOWLER, Defendant-Appellant.

Eric D. Fredericksen, Interim State Appellate Public Defender; Elizabeth A. Allred, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Samuel A. Hoagland, District Judge. Judgment of conviction and concurrent unified sentences of fifteen years, with minimum periods of confinement of five years, for battery upon a law enforcement officer and battery upon a health care worker, affirmed. Eric D. Fredericksen, Interim State Appellate Public Defender; Elizabeth A. Allred, 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 GRATTON, Judge

____________________

PER CURIAM

Michael Les Dowler was found guilty of battery upon a law enforcement officer, Idaho Code §§ 18-903(a), 18-915(c), and battery upon a health care worker, I.C. §§ 18-903(c), 18-915C. The district court imposed concurrent unified sentences of fifteen years, with minimum periods of confinement of five years. Dowler appeals, contending that his sentences are 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, Dowler's judgment of conviction and sentences are affirmed.


Summaries of

State v. Dowler

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 13, 2016
Docket No. 43950 (Idaho Ct. App. Sep. 13, 2016)
Case details for

State v. Dowler

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL LES DOWLER…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Sep 13, 2016

Citations

Docket No. 43950 (Idaho Ct. App. Sep. 13, 2016)