State v. Skellenger

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. LEE ANN M.A. SKELLENGER…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 3, 2013

Docket No. 40341 (Idaho Ct. App. May. 3, 2013)

Opinion

Docket No. 40341 2013 Unpublished Opinion No. 481

05-03-2013

STATE OF IDAHO, Plaintiff-Respondent, v. LEE ANN M.A. SKELLENGER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED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 Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.

Judgment of conviction and suspended unified sentence of seven years, with a minimum period of confinement of two years, for possession of a controlled substance, affirmed.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, 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; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Lee Ann M.A. Skellenger pled guilty to possession of a controlled substance. I.C. § 37-2732. In exchange for her guilty plea, additional charges were dismissed. The district court sentenced Skellenger to a unified term of seven years, with a minimum period of confinement of two years. The district court suspended the sentence and placed Skellenger on probation. Skellenger 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, Skellenger's judgment of conviction and sentence are affirmed.