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State v. Olguin

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 30, 2014
Docket No. 42360 (Idaho Ct. App. Dec. 30, 2014)

Opinion

Docket No. 42360 2014 Unpublished Opinion No. 880

12-30-2014

STATE OF IDAHO, Plaintiff-Respondent, v. ALEJANDRO LUNA OLGUIN, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Theodore S. Tollefson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge. Judgment of conviction and unified ten-year sentence with one and one-half years determinate for felony operating a motor vehicle while under the influence of alcohol, affirmed. Sara B. Thomas, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Theodore S. Tollefson, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Chief Judge; LANSING, Judge; and GRATTON, Judge PER CURIAM

Alejandro Luna Olguin was convicted of felony operating a motor vehicle while under the influence of alcohol (two or more convictions within ten years), Idaho Code §§ 18-8004, 18-8005(6). The district court imposed a unified ten-year sentence with one and one-half years determinate. Olguin 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, Olguin's judgment of conviction and sentence are affirmed.


Summaries of

State v. Olguin

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 30, 2014
Docket No. 42360 (Idaho Ct. App. Dec. 30, 2014)
Case details for

State v. Olguin

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. ALEJANDRO LUNA OLGUIN…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 30, 2014

Citations

Docket No. 42360 (Idaho Ct. App. Dec. 30, 2014)