From Casetext: Smarter Legal Research

State v. Holmes

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 7, 2015
Docket No. 42925 (Idaho Ct. App. Aug. 7, 2015)

Opinion

Docket No. 42925 2015 Unpublished Opinion No. 586

08-07-2015

STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT DAVID HOLMES, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Jason D. Scott, District Judge. Judgment of conviction and unified seven-year sentence with one-year determinate term for felony possession of a controlled substance, affirmed. Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, 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

Robert David Holmes pled guilty to felony possession of a controlled substance, Idaho Code § 37-2732(c). The district court imposed a unified sentence of seven years, with one year determinate, to be served consecutively with his sentence in a separate case. Holmes appeals, contending that his sentence is 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, Holmes's judgment of conviction and sentence are affirmed.


Summaries of

State v. Holmes

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 7, 2015
Docket No. 42925 (Idaho Ct. App. Aug. 7, 2015)
Case details for

State v. Holmes

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT DAVID HOLMES…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Aug 7, 2015

Citations

Docket No. 42925 (Idaho Ct. App. Aug. 7, 2015)