State v. Drake

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JERRY PAUL DRAKE…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jun 12, 2012

Docket No. 39202 (Idaho Ct. App. Jun. 12, 2012)

Opinion

Docket No. 39202 2012 Unpublished Opinion No. 509

06-12-2012

STATE OF IDAHO, Plaintiff-Respondent, v. JERRY PAUL DRAKE, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy 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THIS IS AN UNPUBLISHED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 Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of three years, for failure to register as a sex offender and being a persistent violator, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, 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

Jerry Paul Drake pled guilty to failure to register as a sex offender, I.C. § 18-8311 and 18-8309, and being a persistent violator, I.C. § 19-2514. The district court sentenced Drake to a unified term of fifteen years, with a minimum period of confinement of three years. Drake 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, Drake's judgment of conviction and sentence are affirmed.