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State v. Duncan

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 26, 2014
Docket No. 42206 (Idaho Ct. App. Nov. 26, 2014)

Opinion

Docket No. 42206 2014 Unpublished Opinion No. 832

11-26-2014

STATE OF IDAHO, Plaintiff-Respondent, v. CLAYTON D. DUNCAN, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Michael E. Wetherell, District Judge. Judgment of conviction and unified sentence of sixteen years, with a minimum period of confinement of five and one-half years, for trafficking in methamphetamine, affirmed. Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Chief Judge; LANSING, Judge; and GRATTON, Judge PER CURIAM

Clayton D. Duncan pled guilty to trafficking in methamphetamine. Idaho Code § 37-2732B(a)(4). The district court sentenced Duncan to a unified term of sixteen years with five and one-half years determinate to run concurrently with any other sentence the defendant was serving. Duncan 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, Duncan's judgment of conviction and sentence are affirmed.


Summaries of

State v. Duncan

COURT OF APPEALS OF THE STATE OF IDAHO
Nov 26, 2014
Docket No. 42206 (Idaho Ct. App. Nov. 26, 2014)
Case details for

State v. Duncan

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. CLAYTON D. DUNCAN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 26, 2014

Citations

Docket No. 42206 (Idaho Ct. App. Nov. 26, 2014)