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State v. North

COURT OF APPEALS OF THE STATE OF IDAHO
May 29, 2012
Docket No. 38947 (Idaho Ct. App. May. 29, 2012)

Opinion

Docket No. 38947

05-29-2012

STATE OF IDAHO, Plaintiff-Respondent, v. DOUGLAS LEE NORTH, Defendant-Appellant.

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


2012 Unpublished Opinion No. 496


Stephen W. Kenyon, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Robert C. Naftz, District Judge.

Judgment of conviction and unified sentence of eight years, with a minimum

period of confinement of three years, for felony driving under the influence of

alcohol, affirmed.

Sara B. Thomas, State Appellate Public Defender; Sarah E. Tompkins, 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; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Douglas Lee North was convicted of felony driving under the influence of alcohol, Idaho Code §§ 18-8004; 18-8005(7). The district court sentenced North to a unified term of eight years, with a minimum period of confinement of three years. North appeals, contending that 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, North's judgment of conviction and sentence are affirmed.


Summaries of

State v. North

COURT OF APPEALS OF THE STATE OF IDAHO
May 29, 2012
Docket No. 38947 (Idaho Ct. App. May. 29, 2012)
Case details for

State v. North

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DOUGLAS LEE NORTH…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 29, 2012

Citations

Docket No. 38947 (Idaho Ct. App. May. 29, 2012)