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State v. Draper

COURT OF APPEALS OF THE STATE OF IDAHO
May 8, 2012
Docket No. 39046 (Idaho Ct. App. May. 8, 2012)

Opinion

Docket No. 39046

05-08-2012

STATE OF IDAHO, Plaintiff-Respondent, v. NEPHI DRAPER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


2012 Unpublished Opinion No. 467


Stephen W. Kenyon, Clerk


THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho,

Bannock County. Hon. Stephen S. Dunn, District Judge.

Judgment of conviction and unified sentence of twelve years, with a minimum

period of confinement of six years, for aggravated battery, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy

Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney

General, Boise, for respondent.

Before LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Nephi Draper was convicted of aggravated battery, Idaho Code §§ 18-903(a); 18-907(1)(a) and/or (b). The district court sentenced Draper to a unified term of twelve years, with a minimum period of confinement of six years. Draper appeals, contending that his 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, Draper's judgment of conviction and sentence are affirmed.


Summaries of

State v. Draper

COURT OF APPEALS OF THE STATE OF IDAHO
May 8, 2012
Docket No. 39046 (Idaho Ct. App. May. 8, 2012)
Case details for

State v. Draper

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. NEPHI DRAPER, Defendant-Appellant.

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 8, 2012

Citations

Docket No. 39046 (Idaho Ct. App. May. 8, 2012)