State v. Irby

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. DAVID H. IRBY…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jan 23, 2012

Docket No. 38392 (Idaho Ct. App. Jan. 23, 2012)

Opinion

Docket No. 38392 2012 Unpublished Opinion No. 330

01-23-2012

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID H. IRBY, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

PER CURIAM

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.

Judgment of conviction and unified sentence of four years, with a minimum period of confinement of one and one-half years, for felony malicious injury to property, affirmed.

Sara B. Thomas, State Appellate Public Defender; Erik R. Lehtinen, 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

David H. Irby pled guilty to felony malicious injury to property. Idaho Code § 18-7001. The district court sentenced Irby to a unified term of four years, with a minimum period of confinement of one and one-half years. Irby appeals.

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, Irby's judgment of conviction and sentence are affirmed.