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STATE v. FUNKHOUSER, 40509 (2013)

Court: Court of Appeals of Idaho Number: inidco20131223226 Visitors: 4
Filed: Dec. 23, 2013
Latest Update: Dec. 23, 2013
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. John August Funkhouser was found guilty of second degree murder. I.C. 18-4001, 18-4002, and 18-4003. The district court sentenced Funkhouser to a unified life term, with a minimum period of confinement of six years. Funkhouser 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 est
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

John August Funkhouser was found guilty of second degree murder. I.C. §§ 18-4001, 18-4002, and 18-4003. The district court sentenced Funkhouser to a unified life term, with a minimum period of confinement of six years. Funkhouser 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, Funkhouser's judgment of conviction and sentence are affirmed.

Source:  Leagle

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