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STATE v. ALVAREZ-CABRERA, 36821. (2010)

Court: Court of Appeals of Idaho Number: inidco20101123249 Visitors: 1
Filed: Nov. 23, 2010
Latest Update: Nov. 23, 2010
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Manuel Alvarez-Cabrera pled guilty to aggravated driving under the influence. I.C. 18-8006. In exchange for his guilty plea, the state agreed not to file a second count of aggravated driving under the influence. The district court sentenced Alvarez-Cabrera to a unified term of ten years, with a minimum period of confinement of five years. Alvarez-Cabrera appeals. Sentencing is a matter for the trial court's discre
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM

Manuel Alvarez-Cabrera pled guilty to aggravated driving under the influence. I.C. § 18-8006. In exchange for his guilty plea, the state agreed not to file a second count of aggravated driving under the influence. The district court sentenced Alvarez-Cabrera to a unified term of ten years, with a minimum period of confinement of five years. Alvarez-Cabrera appeals.

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, Alvarez-Cabrera's judgment of conviction and sentence are affirmed.

Source:  Leagle

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