State v. Kelley

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. DAVID LEE KELLEY…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 30, 2012

Docket No. 38837 (Idaho Ct. App. Mar. 30, 2012)

Opinion

Docket No. 38837

03-30-2012

STATE OF IDAHO, Plaintiff-Respondent, v. DAVID LEE KELLEY, Defendant-Appellant.

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

PER CURIAM

2012 Unpublished Opinion No. 423

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Gregory M. Culet, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of five years, for felony driving under the influence of alcohol, affirmed.

Sara B. Thomas, State Appellate Public Defender; Diane M. Walker, 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; LANSING, Judge;

and MELANSON, Judge

PER CURIAM

David Lee Kelley pled guilty to felony driving under the influence of alcohol. Idaho Code § 18-8004, 18-8005. The district court sentenced Kelley to a unified term of ten years, with a minimum period of confinement of five years. Kelley appeals asserting that the district court abused its discretion by imposing an excessive 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, Kelley's judgment of conviction and sentence are affirmed.