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State v. Caldwell

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 31, 2018
Docket No. 46166 (Idaho Ct. App. Dec. 31, 2018)

Opinion

Docket No. 46166

12-31-2018

STATE OF IDAHO, Plaintiff-Respondent, v. AMBER RAE CALDWELL, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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, Elmore County. Hon. Nancy A. Baskin, District Judge. Judgment of conviction and suspended unified sentence of five years, with a minimum period of confinement of two years, for possession of a controlled substance, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, 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; HUSKEY, Judge; and LORELLO, Judge

____________________

PER CURIAM

Amber Rae Caldwell pled guilty to possession of a controlled substance. I.C. § 37-2732(c)(1). In exchange for her guilty plea, additional charges were dismissed. The district court sentenced Caldwell to a unified term of five years, with a minimum period of confinement of two years. However, the district court retained jurisdiction and sent Caldwell to participate in the rider program. Following successful completion of her rider, the district court suspended Caldwell's sentence and placed her on probation. Caldwell appeals, arguing that her underlying 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, Caldwell's judgment of conviction and sentence are affirmed.


Summaries of

State v. Caldwell

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 31, 2018
Docket No. 46166 (Idaho Ct. App. Dec. 31, 2018)
Case details for

State v. Caldwell

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. AMBER RAE CALDWELL…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 31, 2018

Citations

Docket No. 46166 (Idaho Ct. App. Dec. 31, 2018)