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State v. Moemberg

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 4, 2018
Docket No. 45250 (Idaho Ct. App. Jan. 4, 2018)

Opinion

Docket No. 45250 2018 Unpublished Opinion No. 303

01-04-2018

STATE OF IDAHO, Plaintiff-Respondent, v. DELIGHT GINA MOEMBERG, Defendant-Appellant.

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


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. David C. Nye, District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of five years, for felony driving under the influence, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Judge; HUSKEY, Judge; and LORELLO, Judge

____________________

PER CURIAM

Delight Gina Moemberg pled guilty to felony driving under the influence. I.C. §§ 18-8004 & 18-8005(9). In exchange for her guilty plea, an additional charge that she was a persistent violator was dismissed. The district court sentenced Moemberg to a unified term of ten years, with a minimum period of confinement of five years, to run concurrent with an unrelated sentence. Moemberg filed an I.C.R. 35 motion, which the district court denied. Moemberg 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, Moemberg's judgment of conviction and sentence are affirmed.


Summaries of

State v. Moemberg

COURT OF APPEALS OF THE STATE OF IDAHO
Jan 4, 2018
Docket No. 45250 (Idaho Ct. App. Jan. 4, 2018)
Case details for

State v. Moemberg

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DELIGHT GINA MOEMBERG…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jan 4, 2018

Citations

Docket No. 45250 (Idaho Ct. App. Jan. 4, 2018)