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State v. Lewis

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 23, 2014
Docket Nos. 41860 & 41941 (Idaho Ct. App. Sep. 23, 2014)

Opinion

Docket Nos. 41860 & 41941 2014 Unpublished Opinion No. 735

09-23-2014

STATE OF IDAHO, Plaintiff-Respondent, v. TYLER JAMES LEWIS, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Kimberly E. Smith, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Third Judicial District, State of Idaho, Canyon County. Hon. Molly J. Huskey, District Judge. Judgments of conviction and unified sentence of six years, with a minimum period of confinement of three years, and concurrent unified sentence of seven years, with a minimum period of confinement of three years, for two counts of burglary, affirmed. Sara B. Thomas, State Appellate Public Defender; Kimberly E. Smith, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

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Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge PER CURIAM

In Docket No. 41860, Tyler James Lewis pled guilty to one count of burglary. I.C. §§ 18-1401, 18-1403. The district court sentenced Lewis to a unified term of six years, with a minimum period of confinement of three years. In Docket No. 41941, Lewis pled guilty to one count of burglary. In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Lewis to a unified term of seven years, with a minimum period of confinement of three years, to run concurrent with his other burglary sentence. Lewis filed I.C.R. 35 motions for reduction of his sentences, which the district court denied. Lewis appeals.

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, Lewis's judgments of conviction and sentences are affirmed.


Summaries of

State v. Lewis

COURT OF APPEALS OF THE STATE OF IDAHO
Sep 23, 2014
Docket Nos. 41860 & 41941 (Idaho Ct. App. Sep. 23, 2014)
Case details for

State v. Lewis

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. TYLER JAMES LEWIS…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Sep 23, 2014

Citations

Docket Nos. 41860 & 41941 (Idaho Ct. App. Sep. 23, 2014)