State v. Merrill

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JUSTUS JOHN MERRILL…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 23, 2013

Docket No. 40951 (Idaho Ct. App. Dec. 23, 2013)

Opinion

Docket No. 40951 2013 Unpublished Opinion No. 801

12-23-2013

STATE OF IDAHO, Plaintiff-Respondent, v. JUSTUS JOHN MERRILL, Defendant-Appellant.

Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, 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THIS IS AN UNPUBLISHED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 Seventh Judicial District, State of Idaho, Bonneville County. Hon. Joel E. Tingey, District Judge.

Judgment of conviction and suspended unified sentence of four years, with a minimum period of confinement of one and one-half years, for domestic battery inflicting traumatic injury, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and GRATTON, Judge

PER CURIAM

Justus John Merrill pled guilty to domestic battery inflicting traumatic injury. I.C. § 19-918(2)(A). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Merrill to a unified term of four years, with a minimum period of confinement of one and one-half years, suspended the sentence, and placed Merrill on probation. Merrill appeals.

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