From Casetext: Smarter Legal Research

State v. Hearne

Court of Appeals of Idaho
Jun 29, 2021
No. 48035 (Idaho Ct. App. Jun. 29, 2021)

Opinion

48035

06-29-2021

STATE OF IDAHO, Plaintiff-Respondent, v. NICHOLAS JOHN HEARNE, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kacey L. Jones, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

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 thirty-eight years with fifteen years determinate for trafficking in heroin, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kacey L. Jones, Deputy Attorney General, Boise, for respondent.

Before HUSKEY, Chief Judge; GRATTON, Judge; and BRAILSFORD, Judge

PER CURIAM.

Nicholas John Hearne pled guilty to trafficking in heroin, Idaho Code § 37-2732B(a)(6)(B). The district court imposed a unified sentence of thirty-eight years with fifteen years determinate to run concurrently with Hearne's sentence in a separate case. Hearne 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).

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Hearne's judgment of conviction and sentence are affirmed.


Summaries of

State v. Hearne

Court of Appeals of Idaho
Jun 29, 2021
No. 48035 (Idaho Ct. App. Jun. 29, 2021)
Case details for

State v. Hearne

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. NICHOLAS JOHN HEARNE…

Court:Court of Appeals of Idaho

Date published: Jun 29, 2021

Citations

No. 48035 (Idaho Ct. App. Jun. 29, 2021)