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State v. Rusokoff

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 27, 2016
Docket No. 44166 (Idaho Ct. App. Oct. 27, 2016)

Opinion

Docket No. 44166 2016 Unpublished Opinion No. 755

10-27-2016

STATE OF IDAHO, Plaintiff-Respondent, v. MELISSA C. RUSOKOFF, Defendant-Appellant.

Eric D. Fredericksen, Interim State Appellate Public Defender; Andrea W. Reynolds, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Richard D. Greenwood, District Judge. Judgment of conviction and unified sentence of five years, with a minimum period of confinement of two years, for possession of a controlled substance, affirmed. Eric D. Fredericksen, Interim State Appellate Public Defender; Andrea W. Reynolds, 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

Melissa C. Rusokoff pleaded guilty to possession of a controlled substance, felony, Idaho Code § 37-2732(c). The district court imposed a unified five-year sentence, with two years determinate, suspended the sentence, and placed Rusokoff on probation for five years. Rusokoff appeals, contending that her 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, Rusokoff's judgment of conviction and sentence are affirmed.


Summaries of

State v. Rusokoff

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 27, 2016
Docket No. 44166 (Idaho Ct. App. Oct. 27, 2016)
Case details for

State v. Rusokoff

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. MELISSA C. RUSOKOFF…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 27, 2016

Citations

Docket No. 44166 (Idaho Ct. App. Oct. 27, 2016)