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State v. Sale

Court of Appeals of Idaho
Apr 4, 2022
No. 48945 (Idaho Ct. App. Apr. 4, 2022)

Opinion

48945

04-04-2022

STATE OF IDAHO, Plaintiff-Respondent, v. APRIL LAREE SALE, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. Hon. James S. Cawthon, District Judge.

Judgment of conviction and unified sentence of five years, with a minimum period of confinement of one year, for aggravated battery, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.

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

Before LORELLO, Chief Judge; GRATTON, Judge; and HUSKEY, Judge

PER CURIAM

April Laree Sale entered an Alford plea to aggravated battery, Idaho Code §§ 18-903 and 18-907(b). The district court imposed a unified term of five years with one year determinate. Sale appeals, contending that her sentence is excessive.

See North Carolina v. Alford, 400 U.S. 25 (1970).

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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Sale's judgment of conviction and sentence are affirmed.


Summaries of

State v. Sale

Court of Appeals of Idaho
Apr 4, 2022
No. 48945 (Idaho Ct. App. Apr. 4, 2022)
Case details for

State v. Sale

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. APRIL LAREE SALE…

Court:Court of Appeals of Idaho

Date published: Apr 4, 2022

Citations

No. 48945 (Idaho Ct. App. Apr. 4, 2022)