Opinion
48304
06-24-2021
STATE OF IDAHO, Plaintiff-Respondent, v. ERIC CHAVEZ, Defendant-Appellant.
Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Javier L. Gabiola, District Judge.
Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of five years, for possession of a controlled substance, affirmed
Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
Before GRATTON, Judge; LORELLO, Judge; and BRAILSFORD, Judge.
PER CURIAM.
Eric Chavez pled guilty to possession of a controlled substance. Idaho Code § 37-2732(c)(1). The district court sentenced Chavez to a unified term of seven years with five years determinate and retained jurisdiction. Chavez's period of retained jurisdiction was terminated early due to a disciplinary matter. The district court relinquished jurisdiction without a hearing and ordered the original sentence to be executed. Chavez appeals asserting that the district court abused its discretion by imposing an excessive sentence.
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, Chavez's judgment of conviction and sentence are affirmed.