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State v. Gillihan

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 12, 2019
Docket No. 46347 (Idaho Ct. App. Mar. 12, 2019)

Opinion

Docket No. 46347

03-12-2019

STATE OF IDAHO, Plaintiff-Respondent, v. DANNY JOE GILLIHAN, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Michael J. Reardon, District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of four years, for felony driving under the influence, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, 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 BRAILSFORD, Judge

____________________

PER CURIAM

Danny Joe Gillihan pled guilty to felony driving under the influence. Idaho Code §§ 18-8004, 18-8005(9). The district court sentenced Gillihan to a unified term of ten years with four years determinate. Gillihan 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, Gillihan's judgment of conviction and sentence are affirmed.


Summaries of

State v. Gillihan

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 12, 2019
Docket No. 46347 (Idaho Ct. App. Mar. 12, 2019)
Case details for

State v. Gillihan

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DANNY JOE GILLIHAN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 12, 2019

Citations

Docket No. 46347 (Idaho Ct. App. Mar. 12, 2019)