Opinion
50449
10-26-2023
STATE OF IDAHO, Plaintiff-Respondent, v. BRIAN JAMES WHITAKER, Defendant-Appellant.
Erik R. Lehtinen, Interim State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul 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UNPUBLISHED OPINION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. Jonathan Medema, District Judge.
Judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of two years, for possession of a controlled substance with the intent to deliver, affirmed.
Erik R. Lehtinen, Interim State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
Before LORELLO, Chief Judge; GRATTON, Judge; and HUSKEY, Judge
PER CURIAM
Brian James Whitaker pled guilty to possession of a controlled substance with the intent to deliver. I.C. § 37-2732(a). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Whitaker to a unified term of twenty years, with a minimum period of confinement of two years. Whitaker appeals, arguing 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, 101415 (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, Whitaker's judgment of conviction and sentence are affirmed.