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State v. Schade

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 2, 2014
Docket No. 41727 (Idaho Ct. App. Dec. 2, 2014)

Opinion

Docket No. 41727 2014 Unpublished Opinion No. 836

12-02-2014

STATE OF IDAHO, Plaintiff-Respondent, v. KEITH A. SCHADE, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Deborah A. Bail, District Judge. Judgment of conviction and suspended, unified sentence of seven years, with a minimum period of confinement of two years, 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 GUTIERREZ, Chief Judge; GRATTON, Judge; and MELANSON, Judge PER CURIAM

Keith A. Schade was found guilty of grand theft. I.C. §§ 18-2403(1), 18-2407(1)(b), and 18-2409. The district court sentenced Schade to a unified term of seven years, with a minimum period of confinement of two years, but suspended the sentence and placed Schade on probation. Schade appeals.

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


Summaries of

State v. Schade

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 2, 2014
Docket No. 41727 (Idaho Ct. App. Dec. 2, 2014)
Case details for

State v. Schade

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. KEITH A. SCHADE…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 2, 2014

Citations

Docket No. 41727 (Idaho Ct. App. Dec. 2, 2014)