Opinion
49662 49663
02-10-2023
STATE OF IDAHO, Plaintiff-Respondent, v. DALLAS OTIS BROWER, Defendant-Appellant.
Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Minidoka County. Hon. Jonathan P. Brody, District Judge.
Judgments of conviction and concurrent unified sentences of six years, with a minimum period of confinement of three years, for burglary and five years with three years determinate for aggravated assault, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
Before LORELLO, Chief Judge; GRATTON, Judge; and BRAILSFORD, Judge
PER CURIAM.
In Docket No. 49662 Dallas Otis Brower pled guilty to burglary, Idaho Code § 18-1401. In Docket No. 49663 Brower pled guilty to aggravated assault, I.C. § 18-901. In exchange for his guilty plea in Docket 49663, additional charges were dismissed. In Docket No. 49662, the district court imposed a unified term of six years with three years determinate and retained jurisdiction. In Docket No. 49663 the district court imposed a unified term of five years with three years determinate and retained jurisdiction. The district court ordered the sentences to run concurrently. Brower appeals, contending that his sentences are 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, 101415 (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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).
Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Brower's judgments of conviction and sentences are affirmed.