Filed: Feb. 07, 2014
Latest Update: Feb. 07, 2014
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Pursuant to a plea agreement, Michael L. Sparks plead guilty to murder in the second degree. Idaho Code 18-4001, 18-4002, 18-4003(g). As part of the plea agreement, the parties stipulated to a determinate term of twenty years, with the indeterminate term open for argument. The district court sentenced Sparks to a unified term of life, with twenty years determinate. Sparks appeals, contending the indeterminate por
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Pursuant to a plea agreement, Michael L. Sparks plead guilty to murder in the second degree. Idaho Code 18-4001, 18-4002, 18-4003(g). As part of the plea agreement, the parties stipulated to a determinate term of twenty years, with the indeterminate term open for argument. The district court sentenced Sparks to a unified term of life, with twenty years determinate. Sparks appeals, contending the indeterminate port..
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
PER CURIAM.
Pursuant to a plea agreement, Michael L. Sparks plead guilty to murder in the second degree. Idaho Code §§ 18-4001, 18-4002, 18-4003(g). As part of the plea agreement, the parties stipulated to a determinate term of twenty years, with the indeterminate term open for argument. The district court sentenced Sparks to a unified term of life, with twenty years determinate. Sparks appeals, contending the indeterminate portion of 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, Sparks' judgment of conviction and sentence are affirmed.
