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STATE v. BETTY, 354. (2013)

Court: Court of Appeals of Idaho Number: inidco20130212126 Visitors: 27
Filed: Feb. 12, 2013
Latest Update: Feb. 12, 2013
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Dennis L. Betty was convicted of domestic battery with traumatic injury, Idaho Code 18-918(2); 18-903. The district court sentenced Betty to a unified term of ten years, with a minimum period of confinement of three years, suspended the sentence and placed Betty on supervised probation for seven years. Betty appeals, contending that his sentence is excessive. Sentencing is a matter for the trial court's discreti
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

Dennis L. Betty was convicted of domestic battery with traumatic injury, Idaho Code §§ 18-918(2); 18-903. The district court sentenced Betty to a unified term of ten years, with a minimum period of confinement of three years, suspended the sentence and placed Betty on supervised probation for seven years. Betty 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). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Betty's judgment of conviction and sentence are affirmed.

Source:  Leagle

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