Opinion
Docket No. 39344 2012 Unpublished Opinion No. 626
09-06-2012
STATE OF IDAHO, Plaintiff-Respondent, v. VICTOR MARK OTERO, Defendant-Appellant.
Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT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 Fourth Judicial District, State of Idaho, Ada County. Hon. Timothy Hansen, District Judge.
Judgment of conviction and unified sentence of seven years with a minimum period of confinement of two years for possession of methamphetamine, affirmed.
Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.
Before LANSING, Judge; GUTIERREZ, Judge;
and MELANSON, Judge
PER CURIAM
Victor Mark Otero was convicted of possession of methamphetamine, Idaho Code § 37-2732(c); possession of marijuana, I.C. § 37-2732(c); and possession of drug paraphernalia, I.C. § 37-2734A. The district court sentenced Otero to a unified term of seven years with a minimum period of confinement of two years for possession of methamphetamine, and concurrent 120-day sentences for possession of marijuana and drug paraphernalia. Otero appeals the sentence for possession of methamphetamine, contending that it 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, 101415 (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, Otero's judgment of conviction and sentence are affirmed.