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State v. Tamez

Court of Appeals of Idaho
Mar 1, 2023
No. 49910 (Idaho Ct. App. Mar. 1, 2023)

Opinion

49910

03-01-2023

STATE OF IDAHO, Plaintiff-Respondent, v. NICHOLAS DYLAN TAMEZ, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Steven J. Hippler, District Judge.

Judgment of conviction and unified sentence of six years, with a minimum period of confinement of two years, for possession of a controlled substance, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Judge; HUSKEY, Judge; and BRAILSFORD, Judge

PER CURIAM

Nicholas Dylan Tamez was found guilty of misdemeanor possession of paraphernalia, Idaho Code § 37-2734A, and felony possession of a controlled substance, I.C. § 37-2732(c), and entered a guilty plea to a sentencing enhancement, I.C. § 19-2514. The district court imposed a unified sentence of six years, with a minimum period of incarceration of two years, for possession of a controlled substance with the sentencing enhancement and credit for time served for the paraphernalia charge. Tamez 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). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Tamez's judgment of conviction and sentence are affirmed.


Summaries of

State v. Tamez

Court of Appeals of Idaho
Mar 1, 2023
No. 49910 (Idaho Ct. App. Mar. 1, 2023)
Case details for

State v. Tamez

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. NICHOLAS DYLAN TAMEZ…

Court:Court of Appeals of Idaho

Date published: Mar 1, 2023

Citations

No. 49910 (Idaho Ct. App. Mar. 1, 2023)