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State v. Jephson

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 12, 2019
Docket No. 45893 (Idaho Ct. App. Mar. 12, 2019)

Opinion

Docket No. 45893

03-12-2019

STATE OF IDAHO, Plaintiff-Respondent, v. BENJAMIN JARED JEPHSON, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Jason C. Pintler, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Steven Hippler, District Judge. Judgment of conviction and unified sentence of eighteen years, with a minimum period of confinement of ten years, for conspiracy to traffic in heroin; two counts of trafficking in heroin; delivery of heroin; and possession of drug paraphernalia, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Jason C. Pintler, 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 LORELLO, Judge

____________________

PER CURIAM

Benjamin Jared Jephson was found guilty of conspiracy to traffic in heroin, Idaho Code §§ 37-2732B(a)(6)(B), 18-1701, 37-2732B(b), two counts of trafficking in heroin, I.C. §§ 37-2732B(a)(6), 37-2732B(c), delivery of a controlled substance, I.C. § 37-2732(a), and possession of drug paraphernalia, I.C. § 37-2734A. The district court sentenced Jephson to a unified term of eighteen years with ten years determinate. Jephson appeals asserting that the district court abused its discretion by imposing an excessive indeterminate 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, Jephson's judgment of conviction and sentence are affirmed.


Summaries of

State v. Jephson

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 12, 2019
Docket No. 45893 (Idaho Ct. App. Mar. 12, 2019)
Case details for

State v. Jephson

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. BENJAMIN JARED JEPHSON…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 12, 2019

Citations

Docket No. 45893 (Idaho Ct. App. Mar. 12, 2019)