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State v. Gilbreth

Court of Appeals of Idaho
Nov 22, 2021
No. 48886 (Idaho Ct. App. Nov. 22, 2021)

Opinion

48886

11-22-2021

STATE OF IDAHO, Plaintiff-Respondent, v. TERRY LYNN GILBRETH, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Emily M. Joyce, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Scott Wayman, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of three years, for third degree arson, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Emily M. Joyce, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Judge; LORELLO, Judge; and BRAILSFORD, Judge

PER CURIAM

Terry Lynn Gilbreth pled guilty to third degree arson, Idaho Code § 18-804. In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified term of ten years with three years determinate. Gilbreth 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). 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, Gilbreth's judgment of conviction and sentence are affirmed.


Summaries of

State v. Gilbreth

Court of Appeals of Idaho
Nov 22, 2021
No. 48886 (Idaho Ct. App. Nov. 22, 2021)
Case details for

State v. Gilbreth

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. TERRY LYNN GILBRETH…

Court:Court of Appeals of Idaho

Date published: Nov 22, 2021

Citations

No. 48886 (Idaho Ct. App. Nov. 22, 2021)