STATE v. BERNER, 37968. (2011)
Court: Court of Appeals of Idaho
Number: inidco20110718133
Visitors: 4
Filed: Jul. 18, 2011
Latest Update: Jul. 18, 2011
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM James H. Berner was found guilty of felony domestic battery. Idaho Code 18-903, 18-918(2)(a). The district court sentenced Berner to a unified term of ten years, with a minimum period of confinement of nine years. Berner appeals. Sentencing is a matter for the district court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well establi
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM James H. Berner was found guilty of felony domestic battery. Idaho Code 18-903, 18-918(2)(a). The district court sentenced Berner to a unified term of ten years, with a minimum period of confinement of nine years. Berner appeals. Sentencing is a matter for the district court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well establis..
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
PER CURIAM
James H. Berner was found guilty of felony domestic battery. Idaho Code §§ 18-903, 18-918(2)(a). The district court sentenced Berner to a unified term of ten years, with a minimum period of confinement of nine years. Berner appeals.
Sentencing is a matter for the district 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, Berner's judgment of conviction and sentence are affirmed.
Source: Leagle
