State v. Hamann

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JOHN FREDERICK HAMANN…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Feb 24, 2012

Docket No. 38635 (Idaho Ct. App. Feb. 24, 2012)

Opinion

Docket No. 38635

02-24-2012

STATE OF IDAHO, Plaintiff-Respondent, v. JOHN FREDERICK HAMANN, 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.

PER CURIAM

2012 Unpublished Opinion No. 370

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Stephen S. Dunn, District Judge.

Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of three years, for possession of a controlled substance, methamphetamine, 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 GRATTON, Chief Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

John Frederick Hamann pled guilty to possession of a controlled substance, methamphetamine. I.C. § 37-2732(c)(1). The district court sentenced Hamann to a unified term of seven years, with a minimum period of confinement of three years. Hamann filed an I.C.R. 35 motion for reduction of his sentence, which the district court denied. Hamann appeals, challenging only the excessiveness of his 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, Hamann's judgment of conviction and sentence are affirmed.