State v. Loera

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JUSTIN JAMES LOERA…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 14, 2019

Docket No. 46127 (Idaho Ct. App. Mar. 14, 2019)

Opinion

Docket No. 46127

03-14-2019

STATE OF IDAHO, Plaintiff-Respondent, v. JUSTIN JAMES LOERA, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Maya P. Waldron, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

PER CURIAM

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Nancy Baskin, District Judge. Order relinquishing jurisdiction and sentence, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Maya P. Waldron, 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; HUSKEY, Judge; and LORELLO, Judge

____________________

PER CURIAM

Justin James Loera pleaded guilty to operating a motor vehicle without the owner's consent, Idaho Code § 48-227. The district court imposed a unified five-year sentence, with three years determinate. The district court retained jurisdiction, and Loera was sent to participate in the rider program. The district court relinquished jurisdiction. Loera appeals, claiming that his sentence is excessive and constitutes an abuse of discretion.

Sentences are reviewed for an abuse of discretion. Our appellate standard of review and the factors to be considered when evaluating the reasonableness of a sentence are well-established. State v. Burdett, 134 Idaho 271, 1 P.3d 299 (Ct. App. 2000); State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct. App. 1989); State v. Reinke, 103 Idaho 771, 653 P.2d 1183 (Ct. App. 1982); State v. Toohill, 103 Idaho 565, 650 P.2d 707 (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).

The order of the district court relinquishing jurisdiction and Loera's sentence are affirmed.