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State v. Von Mitchell

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 30, 2012
Docket No. 39053 (Idaho Ct. App. Mar. 30, 2012)

Opinion

Docket No. 39053

03-30-2012

STATE OF IDAHO, Plaintiff-Respondent, v. JACOB VON MITCHELL, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


2012 Unpublished Opinion No. 424


Stephen W. Kenyon, Clerk


THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. William H. Woodland, District Judge.

Judgment of conviction and unified sentence of five years, with a minimum period of confinement of two years, for rape, affirmed.

Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.

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

Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

Jacob Von Mitchell pled guilty to rape. Idaho Code §§ 18-6101(1) and 18-6104. The district court sentenced Mitchell to a unified term of five years, with a minimum period of confinement of two years. Mitchell appeals asserting that the district court abused its discretion by imposing an excessive 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, 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, Mitchell's judgment of conviction and sentence are affirmed.


Summaries of

State v. Von Mitchell

COURT OF APPEALS OF THE STATE OF IDAHO
Mar 30, 2012
Docket No. 39053 (Idaho Ct. App. Mar. 30, 2012)
Case details for

State v. Von Mitchell

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JACOB VON MITCHELL…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Mar 30, 2012

Citations

Docket No. 39053 (Idaho Ct. App. Mar. 30, 2012)