State v. Courser

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. AUSTIN BYRON COURSER…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jun 21, 2012

Docket No. 38762 (Idaho Ct. App. Jun. 21, 2012)

Opinion

Docket No. 38762 2012 Unpublished Opinion No. 529

06-21-2012

STATE OF IDAHO, Plaintiff-Respondent, v. AUSTIN BYRON COURSER, Defendant-Appellant.

Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, 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THIS IS AN UNPUBLISHED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 First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.
Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for sexual abuse of a child under the age of sixteen years, affirmed.
Sara B. Thomas, State Appellate Public Defender; Sarah E. Tompkins, 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; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Austin Byron Courser pled guilty to sexual abuse of a child under the age of sixteen years. Idaho Code § 18-1506. The district court sentenced Courser to a unified term of fifteen years, with five years determinate. Courser appeals.

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, Courser's judgment of conviction and sentence are affirmed.