Filed: Jan. 06, 2014
Latest Update: Jan. 06, 2014
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. James Hiram Kountz was convicted of aggravated battery with use of a deadly weapon during the commission of a crime and a persistent violator sentencing enhancement, Idaho Code 18-907. The district court sentenced Kountz to a unified term of twenty years, with a minimum period of confinement of four years. Kountz appeals, contending that his sentence is excessive. Sentencing is a matter for the trial court's disc
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. James Hiram Kountz was convicted of aggravated battery with use of a deadly weapon during the commission of a crime and a persistent violator sentencing enhancement, Idaho Code 18-907. The district court sentenced Kountz to a unified term of twenty years, with a minimum period of confinement of four years. Kountz appeals, contending that his sentence is excessive. Sentencing is a matter for the trial court's discr..
More
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
PER CURIAM.
James Hiram Kountz was convicted of aggravated battery with use of a deadly weapon during the commission of a crime and a persistent violator sentencing enhancement, Idaho Code § 18-907. The district court sentenced Kountz to a unified term of twenty years, with a minimum period of confinement of four years. Kountz appeals, contending that 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, Kountz's judgment of conviction and sentence are affirmed.
