Opinion
50762
03-20-2024
STATE OF IDAHO, Plaintiff-Respondent, v. KELLY MORRISS KAIR, Defendant-Appellant.
Erik R. Lehtinen, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
UNPUBLISHED OPINION
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. Hon. Theodore Fleming, District Judge.
Judgment of conviction and indeterminate sentence of three years, for manufacturing and/or growing a controlled substance, affirmed.
Erik R. Lehtinen, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
Before GRATTON, Chief Judge; HUSKEY, Judge; and TRIBE, Judge
PER CURIAM
Kelly Morriss Kair pled guilty to manufacturing and/or growing a controlled substance, Idaho Code § 37-2732(a)(1)(B). In exchange for his guilty plea, additional charges were dismissed. The district court imposed an indeterminate term of three years. Kair appeals, asserting that the district court abused its discretion by failing to place him on probation.
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, 101415 (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). That discretion includes the trial court's decision regarding whether a defendant should be placed on probation. I.C. § 192601(3), (4); State v. Reber, 138 Idaho 275, 278, 61 P.3d 632, 635 (Ct. App. 2002); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596-97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate.
Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Kair's judgment of conviction and sentence are affirmed.