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State v. Fencl

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 6, 2016
Docket No. 43120 (Idaho Ct. App. Jan. 6, 2016)

Opinion

Docket No. 43120 2016 Unpublished Opinion No. 305

01-06-2016

STATE OF IDAHO, Plaintiff-Respondent, v. SARAH JOANN FENCL, 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; 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Lynn G. Norton, District Judge. Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for felony driving under the influence, affirmed. Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, 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; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Sarah Joann Fencl pled guilty to felony driving under the influence. Idaho Code §§ 18-8004, 18-8005(9) with sentencing enhancement, I.C. § 19-2514. The district court sentenced Fencl to unified sentence of fifteen years with five years determinate. Fencl 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, Fencl's judgment of conviction and sentence are affirmed.


Summaries of

State v. Fencl

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 6, 2016
Docket No. 43120 (Idaho Ct. App. Jan. 6, 2016)
Case details for

State v. Fencl

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. SARAH JOANN FENCL…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jan 6, 2016

Citations

Docket No. 43120 (Idaho Ct. App. Jan. 6, 2016)