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State v. Mueller

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 18, 2014
Docket No. 42208 (Idaho Ct. App. Nov. 18, 2014)

Opinion

Docket No. 42208 2014 Unpublished Opinion No. 820

11-18-2014

STATE OF IDAHO, Plaintiff-Respondent, v. JEFFERY MICHAEL MUELLER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Cheri C. Copsey, District Judge. Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of three years, for possession of methamphetamine with intent to deliver, affirmed. Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, 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 GRATTON, Judge

____________________

PER CURIAM

Jeffery Michael Mueller was convicted of possession of methamphetamine with intent to deliver, Idaho Code § 37-2732(a). The district court sentenced Mueller to a unified term of fifteen years, with a minimum period of confinement of three years, to run concurrently with sentences in separate cases. Mueller 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, 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, Mueller's judgment of conviction and sentence are affirmed.


Summaries of

State v. Mueller

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 18, 2014
Docket No. 42208 (Idaho Ct. App. Nov. 18, 2014)
Case details for

State v. Mueller

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JEFFERY MICHAEL MUELLER…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 18, 2014

Citations

Docket No. 42208 (Idaho Ct. App. Nov. 18, 2014)