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State v. Annaboli

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 8, 2016
Docket No. 44203 (Idaho Ct. App. Dec. 8, 2016)

Opinion

Docket No. 44203 2016 Unpublished Opinion No. 809

12-08-2016

STATE OF IDAHO, Plaintiff-Respondent, v. BENJAMIN ARTHUR ANNABOLI, Defendant-Appellant.

Daniel G. Cooper, Coeur d'Alene, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 aggregate unified sentence of ten years, with a minimum period of confinement of five years, for two counts of intimidation of a witness, affirmed. Daniel G. Cooper, Coeur d'Alene, 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

Benjamin Arthur Annaboli pled guilty to two counts of intimidation of a witness. Idaho Code § 18-2604(3). The district court sentenced Annaboli to an aggregate unified sentence of ten years with five years determinate. Annaboli appeals asserting that the district court abused its discretion by imposing 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, Annaboli's judgment of conviction and sentence are affirmed.


Summaries of

State v. Annaboli

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 8, 2016
Docket No. 44203 (Idaho Ct. App. Dec. 8, 2016)
Case details for

State v. Annaboli

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. BENJAMIN ARTHUR ANNABOLI…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 8, 2016

Citations

Docket No. 44203 (Idaho Ct. App. Dec. 8, 2016)