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State v. Nibler

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 29, 2015
Docket No. 43128 (Idaho Ct. App. Oct. 29, 2015)

Opinion

Docket No. 43128 2015 Unpublished Opinion No. 683

10-29-2015

STATE OF IDAHO, Plaintiff-Respondent, v. DRIFTER BLAKE NIBLER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Second Judicial District, State of Idaho, Latah County. Hon. John R. Stegner, District Judge. Judgment of conviction and unified sentence of ten years with two years determinate, affirmed. Sara B. Thomas, State Appellate Public Defender; Jenny C. Swinford, 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

Drifter Blake Nibler pled guilty to vehicular manslaughter. Idaho Code § 18-4006(3)(b), 18-4007(3)(b). The district court sentenced Nibler to a unified sentence of ten years with two years determinate. Nibler 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, Nibler's judgment of conviction and sentence are affirmed.


Summaries of

State v. Nibler

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 29, 2015
Docket No. 43128 (Idaho Ct. App. Oct. 29, 2015)
Case details for

State v. Nibler

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DRIFTER BLAKE NIBLER…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 29, 2015

Citations

Docket No. 43128 (Idaho Ct. App. Oct. 29, 2015)