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STATE v. MERRILL, 40951 (2013)

Court: Court of Appeals of Idaho Number: inidco20131223228 Visitors: 9
Filed: Dec. 23, 2013
Latest Update: Dec. 23, 2013
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Justus John Merrill pled guilty to domestic battery inflicting traumatic injury. I.C. 19-918(2)(A). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Merrill to a unified term of four years, with a minimum period of confinement of one and one-half years, suspended the sentence, and placed Merrill on probation. Merrill appeals. Sentencing is a matter for the trial cou
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

Justus John Merrill pled guilty to domestic battery inflicting traumatic injury. I.C. § 19-918(2)(A). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Merrill to a unified term of four years, with a minimum period of confinement of one and one-half years, suspended the sentence, and placed Merrill on probation. Merrill 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, Merrill's judgment of conviction and sentence are affirmed.

Source:  Leagle

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