Filed: Nov. 07, 2014
Latest Update: Nov. 07, 2014
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Ernest Alexander Bercier, Jr. was convicted of felony driving under the influence of alcohol, Idaho Code 18-8004, 18-8005(9). The district court sentenced Bercier to a unified term of eight years, with a minimum period of confinement of four years. Bercier 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
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Ernest Alexander Bercier, Jr. was convicted of felony driving under the influence of alcohol, Idaho Code 18-8004, 18-8005(9). The district court sentenced Bercier to a unified term of eight years, with a minimum period of confinement of four years. Bercier 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 ..
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
PER CURIAM.
Ernest Alexander Bercier, Jr. was convicted of felony driving under the influence of alcohol, Idaho Code §§ 18-8004, 18-8005(9). The district court sentenced Bercier to a unified term of eight years, with a minimum period of confinement of four years. Bercier 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, Bercier's judgment of conviction and sentence are affirmed.
