State v. Peterson

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. TODD EDWARD PETERSON…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Nov 8, 2013

Docket No. 40790 (Idaho Ct. App. Nov. 8, 2013)

Opinion

Docket No. 40790 2013 Unpublished Opinion No. 747

11-08-2013

STATE OF IDAHO, Plaintiff-Respondent, v. TODD EDWARD PETERSON, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann Allred, 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THIS IS AN UNPUBLISHED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 Third Judicial District, State of Idaho, Canyon County. Hon. Molly J. Huskey, District Judge.

Judgment of conviction and unified sentence of nine years, with a minimum period of confinement of three years, for felony driving under the influence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant.

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

Before LANSING, Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Todd Edward Peterson pled guilty to felony driving under the influence. Idaho Code § 18-8004, 18-8005. The district court sentenced Peterson to a unified term of nine years, with a minimum period of confinement of three years. Peterson appeals asserting that the district court abused its discretion by imposing an excessive sentence.

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