Opinion
Docket No. 38880
05-07-2012
Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.
2012 Unpublished Opinion No. 465
Stephen W. Kenyon, Clerk
THIS IS AN UNPUBLISHED
OPINION AND SHALL NOT
BE CITED AS AUTHORITY
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia
County. Hon. Michael R. Crabtree, District Judge.
Judgment of conviction and unified sentence of life, with a minimum period of
confinement of twenty-two years, for murder in the first degree with an enhanced
penalty for use of a firearm or deadly weapon, affirmed.
Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy
Attorney General, Boise, for respondent.
Before GRATTON, Chief Judge; LANSING, Judge;
and GUTIERREZ, Judge
PER CURIAM
Juan Manuel Arellano pled guilty to murder in the first degree with an enhanced penalty for use of a firearm or deadly weapon. Idaho Code §§ 18-4001, 18-4002, 18-4003, and 19-2520. The district court sentenced Arellano to a unified term of life, with a minimum period of confinement of twenty-two years. Arellano filed an Idaho Criminal Rule 35 motion for reduction of his sentence, which the district court denied. Arellano now appeals, contending 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, Arellano's judgment of conviction and sentence are affirmed.