State v. Page

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. SHANE JOSEPH PAGE…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 11, 2014

Docket No. 42032 (Idaho Ct. App. Dec. 11, 2014)

Opinion

Docket No. 42032 2014 Unpublished Opinion No. 852

12-11-2014

STATE OF IDAHO, Plaintiff-Respondent, v. SHANE JOSEPH PAGE, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appel late Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Third Judicial District, State of Idaho, Canyon County. Hon. George A. Southworth, District Judge. Judgment of conviction and unified sentence of four years, with a minimum period of confinement of two years, for intimidating, impeding, influencing or preventing the attendance of a witness, affirmed. Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Chief Judge; LANSING, Judge; and GRATTON, Judge PER CURIAM

Shane Joseph Page pled guilty to intimidating, impeding, influencing or preventing the attendance of a witness. Idaho Code § 18-2604(3). The district court concluded that Page's conduct did not justify immediate probation and sentenced Page to a unified term of four years with two years determinate and retained jurisdiction. Page appeals asserting that the district court abused its discretion by retaining jurisdiction rather than imposing probation.

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, Page's judgment of conviction and sentence are affirmed.