Opinion
Docket No. 39514 2012 Unpublished Opinion No. 602
08-24-2012
STATE OF IDAHO, Plaintiff-Respondent, v. JERAMIE WARREN LEIMBACH, Defendant-Appellant.
Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.
Stephen W. Kenyon, Clerk
THIS IS AN UNPUBLISHED
OPINION AND SHALL NOT
BE CITED AS AUTHORITY
Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.
Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of five years, for failure to register as a sex offender, affirmed.
Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, 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; GUTIERREZ, Judge;
and MELANSON, Judge
PER CURIAM
Jeramie Warren Leimbach pled guilty to failure to register as a sex offender. I.C. § 18-8304(1) (c); I.C. § 18-8307(1) and (7); I.C. § 18-8309(1) and (2); and I. C. § 18-8311. The district court sentenced Leimbach to a unified term of ten years, with a minimum period of confinement of five years. Leimbach filed an I.C.R. 35 motion for reduction of his sentence, which the district court denied. Leimbach appeals, arguing his sentence is excessive.
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, Leimbach's judgment of conviction and sentence are affirmed.