State v. Nelson

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JODY LEE NELSON…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 21, 2012

Docket No. 39555 (Idaho Ct. App. Nov. 21, 2012)

Opinion

Docket No. 39555 2012 Unpublished Opinion No. 731

11-21-2012

STATE OF IDAHO, Plaintiff-Respondent, v. JODY LEE NELSON, Defendant-Appellant.

Thompson Smith Woolf & Anderson, PLLC; Stevan H. Thompson, Idaho Falls, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, 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THIS IS AN UNPUBLISHED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 Seventh Judicial District, State of Idaho, Jefferson County. Hon. Gregory W. Moeller, District Judge.

Judgment of conviction and unified sentence of ten years, with four years determinate, for assault with intent to commit a serious felony, affirmed.

Thompson Smith Woolf & Anderson, PLLC; Stevan H. Thompson, Idaho Falls, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; LANSING, Judge;

and GUTIERREZ, Judge

PER CURIAM

Jody Lee Nelson pled guilty to assault with intent to commit a serious felony. Idaho Code § 18-909. The district court sentenced Nelson to a unified term of ten years, with four years determinate. Nelson appeals, contending his sentence is excessive.

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