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STATE v. LANHAM, 37488. (2010)

Court: Court of Appeals of Idaho Number: inidco20101123252 Visitors: 2
Filed: Nov. 23, 2010
Latest Update: Nov. 23, 2010
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM David Clark Lanham pled guilty to felony driving under the influence. I.C. 18-8004, 18-8005(6). In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Lanham to a unified term of ten years, with a minimum period of confinement of one year. 1 Lanham appeals. Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be conside
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM

David Clark Lanham pled guilty to felony driving under the influence. I.C. §§ 18-8004, 18-8005(6). In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Lanham to a unified term of ten years, with a minimum period of confinement of one year.1 Lanham 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, Lanham's judgment of conviction and sentence are affirmed.

FootNotes


1. Lanham also plead guilty to leaving the scene of an accident and was sentenced to a concurrent term of six months. However, he does not challenge this judgment of conviction or sentence on appeal.
Source:  Leagle

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