State v. Butters

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. TODD ALLEN BUTTERS…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Feb 7, 2014

Docket No. 41003 (Idaho Ct. App. Feb. 7, 2014)

Opinion

Docket No. 41003 2014 Unpublished Opinion No. 361

02-07-2014

STATE OF IDAHO, Plaintiff-Respondent, v. TODD ALLEN BUTTERS, 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; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED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 Third Judicial District, State of Idaho, Canyon County. Hon. Juneal C. Kerrick, District Judge.

Judgment of conviction and unified sentence of seven years, with three years determinate, for possession of a controlled substance, affirmed.

Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and MELANSON, Judge

PER CURIAM

Todd Allen Butters pled guilty to possession of a controlled substance. Idaho Code § 37-2732(c)(1). The district court sentenced Butters to a unified term of seven years, with three years determinate. Butters 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, Butters' judgment of conviction and sentence are affirmed.