Opinion
50229
09-06-2023
STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT SCOTT FUNKHOUSER, Defendant-Appellant.
Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Kale D. Gans, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas W. Whitney, District Judge.
Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of ten years, for aggravated driving under the influence, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Raul R. Labrador, Attorney General; Kale D. Gans, Deputy Attorney General, Boise, for respondent.
Before LORELLO, Chief Judge; GRATTON, Judge; and HUSKEY, Judge
PER CURIAM
Robert Scott Funkhouser pled guilty to aggravated driving under the influence. I.C. § 18 8006. The district court sentenced Funkhouser to a unified term of fifteen years, with a minimum period of confinement of ten years. Funkhouser appeals, arguing 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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.
Therefore, Funkhouser's judgment of conviction and sentence are affirmed.