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State v. See

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 16, 2014
Docket No. 42282 (Idaho Ct. App. Dec. 16, 2014)

Opinion

Docket No. 42282 2014 Unpublished Opinion No. 866

12-16-2014

STATE OF IDAHO, Plaintiff-Respondent, v. PETER CHARLES SEE, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Lynn G. Norton, District Judge. Judgment of conviction and unified sentence of twenty-five years, with a minimum period of confinement of eight years, for aggravated assault upon law enforcement personnel and use of a deadly weapon in the commission of a crime, affirmed. Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron, 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; LANSING, Judge; and MELANSON, Judge PER CURIAM

Peter Charles See pled guilty to aggravated assault upon law enforcement personnel, I.C. §§ 18-915(1), 18-90l(b) and 18-905(a), and use of a deadly weapon in the commission of a crime, I.C. § 19-2520. In exchange for his guilty plea, additional charges were dismissed. The state also agreed not to pursue an allegation that See was a persistent violator. The district court sentenced See to a unified term of twenty-five years, with a minimum period of confinement of eight years. See filed an I.C.R 35 motion, which the district court denied. See 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, See's judgment of conviction and sentence are affirmed.


Summaries of

State v. See

COURT OF APPEALS OF THE STATE OF IDAHO
Dec 16, 2014
Docket No. 42282 (Idaho Ct. App. Dec. 16, 2014)
Case details for

State v. See

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. PETER CHARLES SEE…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 16, 2014

Citations

Docket No. 42282 (Idaho Ct. App. Dec. 16, 2014)