From Casetext: Smarter Legal Research

State v. McAlister

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 27, 2016
Docket No. 44128 (Idaho Ct. App. Dec. 27, 2016)

Opinion

Docket No. 44128 2016 Unpublished Opinion No. 824

12-27-2016

STATE OF IDAHO, Plaintiff-Respondent, v. GROVER EARL MCALISTER JR., Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 First Judicial District, State of Idaho, Kootenai County. Hon. Cynthia K. C. Meyer, District Judge. Judgment of conviction and unified sentence of five years, with a minimum period of confinement of two years, for felony eluding a peace officer, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before MELANSON, Chief Judge; GUTIERREZ, Judge; and GRATTON, Judge

____________________

PER CURIAM

Grover Earl McAlister Jr. pled guilty to felony eluding a peace officer. I.C. § 49-1404(2). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced McAlister to a unified term of five years, with a minimum period of confinement of two years. McAlister filed an I.C.R. 35 motion, which the district court denied. McAlister appeals.

McAlister also pled guilty to misdemeanor leaving the scene of an accident and was sentenced to a concurrent six-month term. However, he does not challenge this sentence on appeal. --------

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, McAlister's judgment of conviction and sentence are affirmed.


Summaries of

State v. McAlister

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 27, 2016
Docket No. 44128 (Idaho Ct. App. Dec. 27, 2016)
Case details for

State v. McAlister

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. GROVER EARL MCALISTER JR.…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 27, 2016

Citations

Docket No. 44128 (Idaho Ct. App. Dec. 27, 2016)