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State v. Kelley

Court of Appeals of Idaho
Mar 29, 2023
No. 49625 (Idaho Ct. App. Mar. 29, 2023)

Opinion

49625

03-29-2023

STATE OF IDAHO, Plaintiff-Respondent, v. DALE MARVIN KELLEY, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, 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UNPUBLISHED OPINION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, Ada County. Hon. Samuel Hoagland, District Judge.

Judgment of conviction and unified sentence of seven years, with a minimum period of confinement of two years, for possession of a controlled substance and being a persistent violator, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

Dale Marvin Kelley pled guilty to possession of a controlled substance, I.C. § 37-2732(c)(1), and admitted to being a persistent narcotics law violator, I.C. § 37-2739. The district court sentenced Kelley to a unified term of seven years, with a minimum period of confinement of two years. The district court retained jurisdiction and sent Kelley to participate in the rider program. Kelley appeals, arguing that his sentence is excessive.

Kelley also pled guilty to and was sentenced for possession of drug paraphernalia. However, he does not challenge this judgment of conviction and sentence on appeal.

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). 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, Kelley's judgment of conviction and sentence are affirmed.


Summaries of

State v. Kelley

Court of Appeals of Idaho
Mar 29, 2023
No. 49625 (Idaho Ct. App. Mar. 29, 2023)
Case details for

State v. Kelley

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DALE MARVIN KELLEY…

Court:Court of Appeals of Idaho

Date published: Mar 29, 2023

Citations

No. 49625 (Idaho Ct. App. Mar. 29, 2023)