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State v. Joseph

Court of Appeals of Idaho
Dec 21, 2022
No. 49560 (Idaho Ct. App. Dec. 21, 2022)

Opinion

49560

12-21-2022

STATE OF IDAHO, Plaintiff-Respondent, v. DENEIL ROSS JOSEPH, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Lansing L. Haynes, District Judge.

Judgment of conviction and indeterminate sentence of five years for possession of a controlled substance, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

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

Before LORELLO, Chief Judge; HUSKEY, Judge; and BRAILSFORD, Judge.

PER CURIAM

Deneil Ross Joseph pled guilty to possession of a controlled substance, methamphetamine, Idaho Code § 32-2732(c)(1). In exchange for his guilty plea, additional charges were dismissed. The district court imposed an indeterminate sentence of five years. Joseph 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, 101415 (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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Joseph's judgment of conviction and sentence are affirmed.


Summaries of

State v. Joseph

Court of Appeals of Idaho
Dec 21, 2022
No. 49560 (Idaho Ct. App. Dec. 21, 2022)
Case details for

State v. Joseph

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DENEIL ROSS JOSEPH…

Court:Court of Appeals of Idaho

Date published: Dec 21, 2022

Citations

No. 49560 (Idaho Ct. App. Dec. 21, 2022)