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State v. Tomlinson

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 15, 2016
Docket No. 43814 (Idaho Ct. App. Jul. 15, 2016)

Opinion

Docket No. 43814 2016 Unpublished Opinion No. 600

07-15-2016

STATE OF IDAHO, Plaintiff-Respondent, v. TYLER ROSS TOMLINSON, 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; Lori A. Fleming, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Jason D. Scott, District Judge. Judgment of conviction and unified sentence of five years, with a minimum period of confinement of three years, for felony eluding a peace 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; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before MELANSON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Tyler Ross Tomlinson was found guilty of felony eluding a peace officer. I.C. § 49-1404(2)(a) and/or (c). The district court sentenced Tomlinson to a unified term of five years, with a minimum period of confinement of three years. Tomlinson appeals.

Tomlinson was also found guilty of and sentenced for misdemeanor resisting or obstructing an officer. However, this judgment of conviction and sentence are not at issue on appeal. --------

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


Summaries of

State v. Tomlinson

COURT OF APPEALS OF THE STATE OF IDAHO
Jul 15, 2016
Docket No. 43814 (Idaho Ct. App. Jul. 15, 2016)
Case details for

State v. Tomlinson

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. TYLER ROSS TOMLINSON…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Jul 15, 2016

Citations

Docket No. 43814 (Idaho Ct. App. Jul. 15, 2016)