From Casetext: Smarter Legal Research

State v. Storm

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 15, 2014
Docket No. 42031 (Idaho Ct. App. Oct. 15, 2014)

Opinion

Docket No. 42031 2014 Unpublished Opinion No. 766

10-15-2014

STATE OF IDAHO, Plaintiff-Respondent, v. RICKIE STORM, JR., Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Third Judicial District, State of Idaho, Canyon County. Hon. George A. Southworth, District Judge. Judgment of conviction and unified sentence of five years, with a minimum period of confinement of one and one-half years, for eluding a police officer, affirmed. Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Chief Judge; GRATTON, Judge; and MELANSON, Judge

__________________

PER CURIAM

Rickie Storm, Jr. pled guilty to eluding a police officer. Idaho Code § 49-1404(2). The district court sentenced Storm to a unified term of five years, with a minimum period of confinement of one and one-half years. Storm appeals, asserting that the district court abused its discretion by declining to place him on probation and, instead, executing the imposed sentence.

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, 101415 (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, Storm's judgment of conviction and sentence are affirmed.


Summaries of

State v. Storm

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 15, 2014
Docket No. 42031 (Idaho Ct. App. Oct. 15, 2014)
Case details for

State v. Storm

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. RICKIE STORM, JR.…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 15, 2014

Citations

Docket No. 42031 (Idaho Ct. App. Oct. 15, 2014)