State v. Smith

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT EARL SMITH…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 21, 2012

Docket No. 39379 (Idaho Ct. App. Dec. 21, 2012)

Opinion

Docket No. 39379 2012 Unpublished Opinion No. 771

12-21-2012

STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT EARL SMITH, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jason M. Gray, 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THIS IS AN UNPUBLISHED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 Sixth Judicial District, State of Idaho, Franklin County. Hon. Mitchell W. Brown, District Judge.

Judgment of conviction and unified sentence of eight years, with two years determinate, for sexual abuse of a child under the age of sixteen years, affirmed.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jason M. Gray, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Robert Earl Smith pled guilty to sexual abuse of a child under the age of sixteen years. Idaho Code § 18-1506(1)(d). The district court sentenced Smith to a unified term of eight years, with two years determinate. Smith 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, Smith's judgment of conviction and sentence are affirmed.