State v. Stanka

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. JOSEPH RAY STANKA…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 1, 2012

Docket No. 38964 (Idaho Ct. App. May. 1, 2012)

Opinion

Docket No. 38964 2012 Unpublished Opinion No. 457

05-01-2012

STATE OF IDAHO, Plaintiff-Respondent, v. JOSEPH RAY STANKA, Defendant-Appellant.

Sara B. Thomas, 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

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THIS IS AN UNPUBLISHED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. Michael R. McLaughlin, District Judge.

Judgment of conviction and unified sentence of fourteen years, with a minimum period of confinement of ten years, for grand theft, affirmed.

Sara B. Thomas, 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 LANSING, Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Joseph Ray Stanka pled guilty to grand theft. I.C. §§ 18-2403(1), 18-2407(1)(b). The district court sentenced Stanka to a unified term of fourteen years, with a minimum period of confinement of ten years. Stanka 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, Stanka's judgment of conviction and sentence are affirmed.