State v. Dickerson

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. THOMAS CARL DICKERSON…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 31, 2012

Docket No. 39113 (Idaho Ct. App. May. 31, 2012)

Opinion

Docket No. 39113

05-31-2012

STATE OF IDAHO, Plaintiff-Respondent, v. THOMAS CARL DICKERSON, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

PER CURIAM

2012 Unpublished Opinion No. 501

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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, Kootenai County. Hon. John P. Luster, District Judge.
Judgment of conviction and unified sentence of twenty-two years, with a minimum period of confinement of nine years, for battery with the intent to commit rape with a persistent violator enhancement, affirmed.
Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; LANSING, Judge;

and GUTIERREZ, Judge

PER CURIAM

Thomas Carl Dickerson pled guilty to battery with the intent to commit rape and to being a persistent violator. Idaho Code §§ 18-903, 18-911, 19-2514. The district court sentenced Dickerson to a unified term of twenty-two years, with a minimum period of confinement of nine years. Dickerson 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, Dickerson's judgment of conviction and sentence are affirmed.