State v. Lee

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. GRETCHEN ANN LEE, aka…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Sep 10, 2015

Docket No. 42748 (Idaho Ct. App. Sep. 10, 2015)

Opinion

Docket No. 42748 2015 Unpublished Opinion No. 619

09-10-2015

STATE OF IDAHO, Plaintiff-Respondent, v. GRETCHEN ANN LEE, aka CACCIAGUIDI, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Kimberly E. Smith, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen, District Judge. Judgment of conviction and unified sentence of seven years with four years determinate for felony driving under the influence, affirmed. Sara B. Thomas, State Appellate Public Defender; Kimberly E. Smith, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Gretchen Ann Lee was found guilty of felony driving under the influence. Idaho Code §§ 18-8004, 18-8005(9). The district court sentenced Lee to a unified term of seven years with four years determinate. Lee 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, Lee's judgment of conviction and sentence are affirmed.