State v. Ihler

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL PATRICK IHLER…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 15, 2014

Docket No. 41098 (Idaho Ct. App. May. 15, 2014)

Opinion

Docket No. 41098 2014 Unpublished Opinion No. 508

05-15-2014

STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL PATRICK IHLER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED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 First Judicial District, State of Idaho, Benewah County. Hon. Fred M. Gibler, District Judge.

Judgment of conviction and unified sentence of seven years, with five years determinate, for trafficking in marijuana, affirmed.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and MELANSON, Judge

PER CURIAM

Michael Patrick Ihler was found guilty of trafficking in marijuana. Idaho Code § 37-2732B(a)(1)(C). The district court sentenced Ihler to a unified term of seven years, with a mandatory five years determinate. Ihler appeals, contending 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, Ihler's judgment of conviction and sentence are affirmed.