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State v. Britain

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 20, 2016
Docket No. 44030 (Idaho Ct. App. Oct. 20, 2016)

Opinion

Docket No. 44030 2016 Unpublished Opinion No. 739

10-20-2016

STATE OF IDAHO, Plaintiff-Respondent, v. DENNIS MATTHEW BRITAIN, Defendant-Appellant.

Eric D. Fredericksen, Interim State Appellate Public Defender; Brian R. Dickson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Jason D. Scott, District Judge. Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of seven years, for conspiracy to traffic in heroin, affirmed. Eric D. Fredericksen, Interim State Appellate Public Defender; Brian R. Dickson, 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; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Dennis Matthew Britain pleaded guilty to conspiracy to traffic heroin, Idaho Code § 19-2513. The district court imposed a unified twenty-year sentence, with seven years determinate. Britain 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, Britain's judgment of conviction and sentence are affirmed.


Summaries of

State v. Britain

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 20, 2016
Docket No. 44030 (Idaho Ct. App. Oct. 20, 2016)
Case details for

State v. Britain

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DENNIS MATTHEW BRITAIN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 20, 2016

Citations

Docket No. 44030 (Idaho Ct. App. Oct. 20, 2016)