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State v. Pasborg

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 2, 2015
Docket No. 42765 (Idaho Ct. App. Sep. 2, 2015)

Opinion

Docket No. 42765 2015 Unpublished Opinion No. 611

09-02-2015

STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL ALLEN PASBORG, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Melissa Moody, District Judge. Judgment of conviction and unified sentence of five years with two years determinate for eluding a peace officer and driving without privileges, affirmed. Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, 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; GUTIERREZ, Judge; and GRATTON, Judge

____________________

PER CURIAM

Michael Allen Pasborg was found guilty of eluding a peace officer, Idaho Code § 49-1404(2) and driving without privileges, I.C. § 18-8001. The district court sentenced Pasborg to a unified term of five years with two years determinate to run consecutively to a previous sentence. Pasborg 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, Pasborg's judgment of conviction and sentence are affirmed.


Summaries of

State v. Pasborg

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 2, 2015
Docket No. 42765 (Idaho Ct. App. Sep. 2, 2015)
Case details for

State v. Pasborg

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MICHAEL ALLEN PASBORG…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Sep 2, 2015

Citations

Docket No. 42765 (Idaho Ct. App. Sep. 2, 2015)