State v. Thrasher

Full title: STATE OF IDAHO, Plaintiff-Respondent, v. AUSTIN BLAKE THRASHER…

Court: COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 28, 2014

Docket No. 40954 (Idaho Ct. App. May. 28, 2014)

Opinion

Docket No. 40954 2014 Unpublished Opinion No. 529

05-28-2014

STATE OF IDAHO, Plaintiff-Respondent, v. AUSTIN BLAKE THRASHER, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Ben Patrick McGreevy, 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THIS IS AN UNPUBLISHED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 First Judicial District, State of Idaho, Bonner County. Hon. Barbara A. Buchanan, District Judge.

Judgment of conviction and unified life sentence, with twenty-five years determinate, for first degree murder, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben Patrick McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

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

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and GRATTON, Judge

PER CURIAM

Austin Blake Thrasher pled guilty to first degree murder. Idaho Code § 18-4001. The district court sentenced Thrasher to a unified life sentence, with twenty-five years determinate. Thrasher appeals, contending 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, Thrasher's judgment of conviction and sentence are affirmed.