State v. Kneeland

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. LESLIE HERBERT KNEELAND…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 13, 2016

Docket No. 43425 (Idaho Ct. App. Apr. 13, 2016)

Opinion

Docket No. 43425 2016 Unpublished Opinion No. 485

04-13-2016

STATE OF IDAHO, Plaintiff-Respondent, v. LESLIE HERBERT KNEELAND, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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, Kootenai County. Hon. John T. Mitchell, District Judge. Judgment of conviction and sentence, affirmed. Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, 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; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Leslie H. Kneeland entered an Alford ¹ plea to eluding a peace officer, felony, Idaho Code §§ 49-1404(2), 19-2514. The district court imposed a determinate five-year sentence and retained jurisdiction. Kneeland appeals, contending that his sentence is excessive.

1

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, Kneeland's judgment of conviction and sentence are affirmed.

See North Carolina v. Alford, 400 U.S. 25 (1970).