From Casetext: Smarter Legal Research

State v. Nimmo

COURT OF APPEALS OF THE STATE OF IDAHO
May 4, 2016
Docket No. 43416 (Idaho Ct. App. May. 4, 2016)

Opinion

Docket No. 43416 2016 Unpublished Opinion No. 518

05-04-2016

STATE OF IDAHO, Plaintiff-Respondent, v. DENYSE LEE NIMMO, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge. Judgment of conviction and sentence, affirmed. Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, 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; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Denyse Lee Nimmo was found guilty by jury of battery on a police officer with persistent violator, Idaho Code §§ 18-915(3), 18-903(a), 19-2514. The district court imposed a unified ten-year sentence, with one year determinate. Nimmo appeals.

The district court entered an amended judgment of conviction to one felony count to correct that Nimmo was found guilty by jury verdict rather than entry of Guilty plea. --------

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. 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, Nimmo's judgment of conviction and sentence is affirmed.


Summaries of

State v. Nimmo

COURT OF APPEALS OF THE STATE OF IDAHO
May 4, 2016
Docket No. 43416 (Idaho Ct. App. May. 4, 2016)
Case details for

State v. Nimmo

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DENYSE LEE NIMMO…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 4, 2016

Citations

Docket No. 43416 (Idaho Ct. App. May. 4, 2016)