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State v. Long

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 3, 2012
Docket No. 39241 (Idaho Ct. App. Jul. 3, 2012)

Opinion

Docket No. 39241 2012 Unpublished Opinion No. 548

07-03-2012

STATE OF IDAHO, Plaintiff-Respondent, v. BRANDON WAYNE LONG, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Michael E. Wetherell, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of two years for burglary, and concurrent unified sentence of five years with a minimum period of confinement of two and one-half years for attempted burglary, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, 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

Brandon Wayne Long entered an Alford plea to one count of burglary, Idaho Code § 18-1401, and one count of attempted burglary, Idaho Code §§ 13-1401, 18-306. The district court sentenced Long to a unified term of ten years, with a minimum period of confinement of two years for burglary, and a concurrent unified sentence of five years with a minimum period of confinement of two and one-half years for attempted burglary. Long appeals asserting that the district court abused its discretion by imposing excessive sentences.

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, Long's judgment of conviction and sentences are affirmed.

See North Carolina v. Alford, 400 U.S. 25 (1970).


Summaries of

State v. Long

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 3, 2012
Docket No. 39241 (Idaho Ct. App. Jul. 3, 2012)
Case details for

State v. Long

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. BRANDON WAYNE LONG…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 3, 2012

Citations

Docket No. 39241 (Idaho Ct. App. Jul. 3, 2012)