State v. Everhart

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. CRAIG ERIC EVERHART…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 24, 2014

Docket No. 41292 (Idaho Ct. App. Jul. 24, 2014)

Opinion

Docket No. 41292 2014 Unpublished Opinion No. 640

07-24-2014

STATE OF IDAHO, Plaintiff-Respondent, v. CRAIG ERIC EVERHART, Defendant-Appellant.

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

PER CURIAM

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Blaine County. Hon. Jonathan P. Brody, District Judge.

Judgment of conviction and unified sentence of five years, with two and one-half years determinate, for unlawful possession of a firearm, affirmed.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and GRATTON, Judge

PER CURIAM

Craig Eric Everhart pled guilty to unlawful possession of a firearm, Idaho Code § 18-3316. The district court sentenced Everhart to a unified sentence of five years, with two and one-half years determinate. Everhart 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, Everhart's judgment of conviction and sentence are affirmed.