Opinion
48698
11-19-2021
STATE OF IDAHO, Plaintiff-Respondent, v. KYLEE LETITIA JOHNSON, Defendant-Appellant.
Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge. Hon. Scott L. Wayman, District Judge.
Judgment of conviction and sentence, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
Before HUSKEY, Chief Judge; GRATTON, Judge; and BRAILSFORD, Judge
PER CURIAM
Kylee Letitia Johnson pled guilty to possession of a controlled substance, Idaho Code § 37-2732(c)(1). The district court withheld judgment and placed Johnson on probation for a period of two years. During the next few years Johnson repeatedly violated her probation. After each probation violation Johnson would be returned to the retained jurisdiction program followed by another period of probation. After the most recent period of retained jurisdiction, the district court again suspended Johnson's previously-imposed sentence and placed her on probation for two years. Johnson appeals, mindful that she received probation as requested at her review 1 hearing, Johnson is contending that the district court abused its discretion by ordering an excessive probationary period.
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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).
Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Johnson's judgment of conviction and sentence are affirmed. 2