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State v. Banks

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 13, 2015
Docket No. 42324 (Idaho Ct. App. Mar. 13, 2015)

Opinion

Docket No. 42324 2015 Unpublished Opinion No. 409

03-13-2015

STATE OF IDAHO, Plaintiff-Respondent, v. DEWAYNE NOBLE BANKS, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick H. Owen, District Judge. Judgment of conviction and unified sentence of two years, with a minimum period of confinement of one year, for attempting to intimidate a witness, affirmed. Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, 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; LANSING, Judge; and GRATTON, Judge

____________________

PER CURIAM

Dewayne Noble Banks pled guilty to an amended charge of attempting to intimidate a witness. I.C. §§ 18-2604(3), 18-306. The district court sentenced Banks to a unified term of two years, with a minimum period of confinement of one year. Banks appeals.

Banks also pled guilty and was sentenced for two counts of violating a no-contact order. However, he does not challenge those sentences on appeal.

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, Banks's judgment of conviction and sentence are affirmed.


Summaries of

State v. Banks

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 13, 2015
Docket No. 42324 (Idaho Ct. App. Mar. 13, 2015)
Case details for

State v. Banks

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DEWAYNE NOBLE BANKS…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 13, 2015

Citations

Docket No. 42324 (Idaho Ct. App. Mar. 13, 2015)