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State v. Spitzer

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 16, 2015
Docket No. 42990 (Idaho Ct. App. Oct. 16, 2015)

Opinion

Docket No. 42990 2015 Unpublished Opinion No. 660

10-16-2015

STATE OF IDAHO, Plaintiff-Respondent, v. JASON SCOTT SPITZER, 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; 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 First Judicial District, State of Idaho, Kootenai County. Hon. Richard S. Christensen, District Judge. Judgment of conviction and unified sentence of three years, with a minimum term of confinement of two years, for possession of a stolen vehicle, affirmed. Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Jason Scott Spitzer pled guilty to possession of a stolen vehicle, Idaho Code § 49-228. In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified sentence of three years, with a minimum term of confinement of two years. Spitzer 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, Spitzer's judgment of conviction and sentence are affirmed.


Summaries of

State v. Spitzer

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 16, 2015
Docket No. 42990 (Idaho Ct. App. Oct. 16, 2015)
Case details for

State v. Spitzer

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JASON SCOTT SPITZER…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 16, 2015

Citations

Docket No. 42990 (Idaho Ct. App. Oct. 16, 2015)