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State v. Miranda-Alfaro

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 2, 2013
Docket No. 39979 (Idaho Ct. App. Jul. 2, 2013)

Opinion

Docket No. 39979 2013 Unpublished Opinion No. 564

07-02-2013

STATE OF IDAHO, Plaintiff-Respondent, v. EFREN MIRANDA MIRANDA-ALFARO, aka EFREN ALFARO MIRANDA, JOSE EFREN MIRANDA-ALFARO, EFREN ALFARO, ERFEN MIRANDA, ERFEN MIRANDA ALFARO, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, 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THIS IS AN UNPUBLISHED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. Thomas J. Ryan, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for aggravated driving under the influence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before LANSING, Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Efren Miranda Miranda-Alfaro, aka Efren Alfaro Miranda, Jose Efren Miranda-Alfaro, Efren Alfaro, Erfen Miranda, Erfen Miranda-Elfaro, pled guilty to aggravated driving under the influence. I.C. § 18-8006. In exchange for his guilty plea, the state agreed not to pursue an allegation that Miranda-Alfaro was a persistent violator. The district court sentenced Miranda-Alfaro to a unified term of fifteen years, with a minimum period of confinement of five years. Miranda-Alfaro 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, Miranda-Alfaro's judgment of conviction and sentence are affirmed.


Summaries of

State v. Miranda-Alfaro

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 2, 2013
Docket No. 39979 (Idaho Ct. App. Jul. 2, 2013)
Case details for

State v. Miranda-Alfaro

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. EFREN MIRANDA MIRANDA-ALFARO, aka…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 2, 2013

Citations

Docket No. 39979 (Idaho Ct. App. Jul. 2, 2013)