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State v. Hof

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 17, 2015
Docket No. 42443 (Idaho Ct. App. Jul. 17, 2015)

Opinion

Docket No. 42443 2015 Unpublished Opinion No. 555

07-17-2015

STATE OF IDAHO, Plaintiff-Respondent, v. JAYSON LEE HOF, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Third Judicial District, State of Idaho, Canyon County. Hon. Molly J. Huskey, District Judge. Judgment of conviction and unified sentence of forty years with ten years determinate for felony driving under the influence of alcohol with sentencing enhancement, affirmed. Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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

Jayson Lee Hof pled guilty to felony driving under the influence of alcohol with sentencing enhancement. Idaho Code §§ 18-8004, 18-8005, 19-2514. The district court sentenced Hof to a unified term of forty years with ten years determinate. Hof 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, Hof's judgment of conviction and sentence are affirmed.


Summaries of

State v. Hof

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 17, 2015
Docket No. 42443 (Idaho Ct. App. Jul. 17, 2015)
Case details for

State v. Hof

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JAYSON LEE HOF…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 17, 2015

Citations

Docket No. 42443 (Idaho Ct. App. Jul. 17, 2015)