State v. Pack

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JESSICA DANIELLE PEREZ aka PACK…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 26, 2013

Docket No. 40567 (Idaho Ct. App. Jul. 26, 2013)

Opinion

Docket No. 40567 2013 Unpublished Opinion No. 596

07-26-2013

STATE OF IDAHO, Plaintiff-Respondent, v. JESSICA DANIELLE PEREZ aka PACK, Defendant-Appellant.

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

PER CURIAM

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THIS IS AN UNPUBLISHED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.

Order revoking withheld judgment and imposing unified sentence of five years, with two and one-half years determinate, for aggravated assault, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and GRATTON, Judge

PER CURIAM

Jessica Danielle Perez pled guilty to aggravated assault, Idaho Code §§ 18-901(b), 18-905(a). The district court withheld judgment and placed Perez on probation. Subsequently, Perez admitted to violating several terms of her probation. The district court revoked probation and the withheld judgment and sentenced Perez to a unified term of five years, with two and one-half years determinate. Perez appeals, contending her 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, the district court's order revoking Perez's withheld judgment and imposing sentence is affirmed.