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State v. Underwood

Court of Appeals of Idaho
Feb 6, 2023
No. 49831 (Idaho Ct. App. Feb. 6, 2023)

Opinion

49831

02-06-2023

STATE OF IDAHO, Plaintiff-Respondent, v. JASON DAKOTA UNDERWOOD, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, 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UNPUBLISHED OPINION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 Seventh Judicial District, State of Idaho, Bonneville County. Hon. Alan C. Stephens, District Judge.

Judgment of conviction and unified sentence of eight years, with a minimum period of confinement of one year, for possession of a controlled substance with the intent to deliver, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.

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

Before LORELLO, Chief Judge; GRATTON, Judge; and BRAILSFORD, Judge

PER CURIAM

Jason Dakota Underwood pled guilty to possession of a controlled substance with intent to deliver, Idaho Code § 37-2732(a)(1)(B). In exchange for his guilty plea, additional charges were dismissed. The district court imposed a unified term of eight years with one year determinate to run consecutive to the sentences imposed in two unrelated cases. Underwood 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, Underwood's judgment of conviction and sentence are affirmed.


Summaries of

State v. Underwood

Court of Appeals of Idaho
Feb 6, 2023
No. 49831 (Idaho Ct. App. Feb. 6, 2023)
Case details for

State v. Underwood

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JASON DAKOTA UNDERWOOD…

Court:Court of Appeals of Idaho

Date published: Feb 6, 2023

Citations

No. 49831 (Idaho Ct. App. Feb. 6, 2023)