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State v. Gibson

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 11, 2019
Docket No. 46210 (Idaho Ct. App. Apr. 11, 2019)

Opinion

Docket No. 46210

04-11-2019

STATE OF IDAHO, Plaintiff-Respondent, v. ALEX THOMAS GIBSON, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 seven years, with a minimum period of confinement of six months, for possession of a controlled substance, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Elizabeth Ann Allred, 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; HUSKEY, Judge; and LORELLO, Judge

____________________

PER CURIAM

Alex Thomas Gibson pled guilty to possession of a controlled substance. Idaho Code § 37-2732(c). The district court sentenced Gibson to a unified term of seven years with six months determinate. Gibson 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, Gibson's judgment of conviction and sentence are affirmed.


Summaries of

State v. Gibson

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 11, 2019
Docket No. 46210 (Idaho Ct. App. Apr. 11, 2019)
Case details for

State v. Gibson

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. ALEX THOMAS GIBSON…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 11, 2019

Citations

Docket No. 46210 (Idaho Ct. App. Apr. 11, 2019)