STATE v. NELSON, 39555 (2012)
Court: Court of Appeals of Idaho
Number: inidco20121121261
Visitors: 27
Filed: Nov. 21, 2012
Latest Update: Nov. 21, 2012
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Jody Lee Nelson pled guilty to assault with intent to commit a serious felony. Idaho Code 18-909. The district court sentenced Nelson to a unified term of ten years, with four years determinate. Nelson appeals, contending 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
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Jody Lee Nelson pled guilty to assault with intent to commit a serious felony. Idaho Code 18-909. The district court sentenced Nelson to a unified term of ten years, with four years determinate. Nelson appeals, contending 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 a..
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
PER CURIAM.
Jody Lee Nelson pled guilty to assault with intent to commit a serious felony. Idaho Code § 18-909. The district court sentenced Nelson to a unified term of ten years, with four years determinate. Nelson appeals, contending 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, Nelson's judgment of conviction and sentence are affirmed.
Source: Leagle
