State v. Broncho

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. AL MARTIN BRONCHO…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 12, 2012

Docket No. 39439 (Idaho Ct. App. Jul. 12, 2012)

Opinion

Docket No. 39439 2012 Unpublished Opinion No. 552

07-12-2012

STATE OF IDAHO, Plaintiff-Respondent, v. AL MARTIN BRONCHO, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann Allred, 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THIS IS AN UNPUBLISHED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 Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.

Judgment of conviction and unified sentence of ten years, with five years determinate, for felony driving under the influence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann 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; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Al Martin Broncho pled guilty to felony driving under the influence. Idaho Code §§ 18-8004(1)(a), 18-8005(9). The district court sentenced Broncho to a unified term of ten years, with five years determinate. Broncho filed an Idaho Criminal Rule 35 motion for reduction of sentence, which the district court denied. Broncho 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, Broncho's judgment of conviction and sentence are affirmed.