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State v. Oldenburg

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 19, 2019
Docket No. 46213 (Idaho Ct. App. Apr. 19, 2019)

Opinion

Docket No. 46213 Docket No. 46214

04-19-2019

STATE OF IDAHO, Plaintiff-Respondent, v. NICKOLAUS AARON OLDENBURG, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge. Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of three years, for burglary, and a unified sentence of ten years, with a minimum confinement of three years, for grand theft, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; HUSKEY, Judge; and BRAILSFORD, Judge

____________________

PER CURIAM

Nickolaus Aaron Oldenburg pleaded guilty to burglary, Idaho Code § 18-1401, and grand theft, I.C. §§ 18-2403(1), 18-2407(1)(b), and 18-2409. For each offense, the district court imposed a unified ten-year sentence, with three years determinate, to run concurrently. Oldenburg appeals, contending that his sentences are 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, Oldenburg's judgments of conviction and sentences are affirmed.


Summaries of

State v. Oldenburg

COURT OF APPEALS OF THE STATE OF IDAHO
Apr 19, 2019
Docket No. 46213 (Idaho Ct. App. Apr. 19, 2019)
Case details for

State v. Oldenburg

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. NICKOLAUS AARON OLDENBURG…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Apr 19, 2019

Citations

Docket No. 46213 (Idaho Ct. App. Apr. 19, 2019)