State v. Morse

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. ASHLEY EVELYN MORSE…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 7, 2013

Docket No. 40841 (Idaho Ct. App. Oct. 7, 2013)

Opinion

Docket No. 40841 2013 Unpublished Opinion No. 702

2013-10-07

STATE OF IDAHO, Plaintiff-Respondent, v. ASHLEY EVELYN MORSE, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

PER CURIAM

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THIS IS AN UNPUBLISHED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. Molly J. Huskey, District Judge.

Judgment of conviction and unified sentence of four years, with a minimum period of confinement of two years, for burglary, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, 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

Ashley Evelyn Morse pled guilty to burglary. I.C. § 18-1401. In exchange for her guilty plea, additional charges were dismissed.¹ The district court sentenced Morse to a unified term of four years, with a minimum period of confinement of two years. Morse also filed an I.C.R. 35 motion for reduction of her sentence, which the district court denied. Morse appeals.

1 Morse also pled guilty to misdemeanor battery. However, she does not challenge this judgment of conviction or 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, Morse's judgment of conviction and sentence are affirmed.