State v. Barney

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. CARMA WINN BARNEY…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Aug 27, 2012

Docket No. 39431 (Idaho Ct. App. Aug. 27, 2012)

Opinion

Docket No. 39431 2012 Unpublished Opinion No. 608

08-27-2012

STATE OF IDAHO, Plaintiff-Respondent, v. CARMA WINN BARNEY, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

PER CURIAM

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho,

Bannock County. Hon. Robert C. Naftz, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period

of confinement of three years, for burglary, affirmed.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy

Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney

General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Carma Winn Barney was convicted of burglary, Idaho Code §§ 18-1401, 18-204. The district court sentenced Barney to a unified term of ten years, with a minimum period of confinement of three years, to run concurrently with a sentence in a separate case. Barney appeals, contending that her 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, Barney's judgment of conviction and sentence are affirmed.