State v. Smotherman

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT ANDREW SMOTHERMAN…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Dec 30, 2011

Docket No. 38717 (Idaho Ct. App. Dec. 30, 2011)

Opinion

Docket No. 38717

12-30-2011

STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT ANDREW SMOTHERMAN, Defendant-Appellant.

Molly J. Huskey, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

PER CURIAM

2011 Unpublished Opinion No. 761

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Darla S. Williamson, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of one year, for burglary, affirmed.

Molly J. Huskey, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; LANSING, Judge;

and GUTIERREZ, Judge

PER CURIAM

Robert Andrew Smotherman was convicted of burglary, Idaho Code § 18-1401. The district court sentenced Smotherman to a unified term of ten years, with a minimum period of confinement of one year. Smotherman appeals, contending that his sentence is excessive.

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