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State v. Taylor

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 29, 2015
Docket No. 42654 (Idaho Ct. App. Jul. 29, 2015)

Opinion

Docket No. 42654 2015 Unpublished Opinion No. 575

07-29-2015

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID THOMAS TAYLOR, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 eight years, with a minimum period of confinement of three years, for felony operating a motor vehicle while under the influence of alcohol, affirmed. Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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

David Thomas Taylor pled guilty to felony operating a motor vehicle while under the influence of alcohol, Idaho Code §§ 18-8004, 18-8005. In exchange for his guilty plea, additional charges were dismissed including an allegation that he was a persistent violator. The district court imposed a unified sentence of eight years, with a minimum period of confinement of three years. Taylor 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, Taylor's judgment of conviction and sentence are affirmed.


Summaries of

State v. Taylor

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 29, 2015
Docket No. 42654 (Idaho Ct. App. Jul. 29, 2015)
Case details for

State v. Taylor

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DAVID THOMAS TAYLOR…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 29, 2015

Citations

Docket No. 42654 (Idaho Ct. App. Jul. 29, 2015)