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State v. Burck

Court of Appeals of Idaho
Feb 15, 2024
No. 50792 (Idaho Ct. App. Feb. 15, 2024)

Opinion

50792

02-15-2024

STATE OF IDAHO, Plaintiff-Respondent, v. SKYLER AZHMURAT BURCK, Defendant-Appellant.

Erik R. Lehtinen, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. James Cawthon, District Judge.

Judgment of conviction and unified sentence of ten years with a minimum period of confinement of three years for burglary, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; HUSKEY, Judge; and LORELLO, Judge

PER CURIAM

Skyler Azhmurat Burck pled guilty to burglary and stalking in the second degree, Idaho Code §§ 18-1401, 18-7906. In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified sentence of ten years with three years determinate for burglary and awarded time served for stalking in the second degree. Burck appeals, contending that the district court abused its discretion by imposing an excessive sentence and that the district court should have withheld judgment and placed Burck on probation or, in the alternative, retained jurisdiction.

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). That discretion includes the trial court's decision regarding whether a defendant should be placed on probation and whether to retain jurisdiction. I.C. § 19-2601(3), (4); State v. Reber, 138 Idaho 275, 278, 61 P.3d 632, 635 (Ct. App. 2002); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596-97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation/retaining jurisdiction was not appropriate.

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Burck's judgment of conviction and sentence are affirmed.


Summaries of

State v. Burck

Court of Appeals of Idaho
Feb 15, 2024
No. 50792 (Idaho Ct. App. Feb. 15, 2024)
Case details for

State v. Burck

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. SKYLER AZHMURAT BURCK…

Court:Court of Appeals of Idaho

Date published: Feb 15, 2024

Citations

No. 50792 (Idaho Ct. App. Feb. 15, 2024)