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State v. Gloria

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 26, 2014
Docket No. 42017 (Idaho Ct. App. Sep. 26, 2014)

Opinion

Docket No. 42017 2014 Unpublished Opinion No. 740

09-26-2014

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID WESLEY GLORIA, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Lynn G. Norton, District Judge. Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of two years, for possession of a controlled substance, affirmed. Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Chief Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM

David Wesley Gloria pled guilty to possession of a controlled substance. Idaho Code § 37-2732(c). The district court sentenced Gloria to a unified term of seven years, with a minimum period of confinement of two years. Gloria 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, Gloria's judgment of conviction and sentence are affirmed.


Summaries of

State v. Gloria

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 26, 2014
Docket No. 42017 (Idaho Ct. App. Sep. 26, 2014)
Case details for

State v. Gloria

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DAVID WESLEY GLORIA…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Sep 26, 2014

Citations

Docket No. 42017 (Idaho Ct. App. Sep. 26, 2014)