From Casetext: Smarter Legal Research

State v. Bothwell

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 2, 2019
Docket No. 46288 (Idaho Ct. App. Apr. 2, 2019)

Opinion

Docket No. 46288

04-02-2019

STATE OF IDAHO, Plaintiff-Respondent, v. DENNIS CARL BOTHWELL, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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, Twin Falls County. Hon. Benjamin J. Cluff, District Judge. Judgment of conviction and unified sentence of six years, with a minimum period of confinement of three years, for driving under the influence of alcohol, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; HUSKEY, Judge; and LORELLO, Judge

____________________

PER CURIAM

Dennis Carl Bothwell pleaded guilty to driving under the influence of alcohol, Idaho Code § 18-8004. The district court imposed a unified six-year sentence, with three years determinate, and retained jurisdiction. Bothwell 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, Bothwell's judgment of conviction and sentence are affirmed.


Summaries of

State v. Bothwell

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 2, 2019
Docket No. 46288 (Idaho Ct. App. Apr. 2, 2019)
Case details for

State v. Bothwell

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DENNIS CARL BOTHWELL…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 2, 2019

Citations

Docket No. 46288 (Idaho Ct. App. Apr. 2, 2019)