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State v. Garcia

COURT OF APPEALS OF THE STATE OF IDAHO
Feb 27, 2017
Docket No. 44189 (Idaho Ct. App. Feb. 27, 2017)

Opinion

Docket No. 44189 2017 Unpublished Opinion No. 383

02-27-2017

STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL ALLEN GARCIA, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 unified sentence of ten years, with a minimum period of confinement of three years, for possession of a controlled substance with the intent to deliver, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Reed P. 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

Michael Allen Garcia pled guilty to possession of a controlled substance with the intent to deliver. Idaho Code § 37-2732(a). The district court sentenced Garcia to a unified term of ten years with three years determinate. Garcia 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, Garcia's judgment of conviction and sentence are affirmed.


Summaries of

State v. Garcia

COURT OF APPEALS OF THE STATE OF IDAHO
Feb 27, 2017
Docket No. 44189 (Idaho Ct. App. Feb. 27, 2017)
Case details for

State v. Garcia

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL ALLEN GARCIA…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Feb 27, 2017

Citations

Docket No. 44189 (Idaho Ct. App. Feb. 27, 2017)