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State of Idaho v. Jay Morris Burnet

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


June 19, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JAY MORRIS BURNET, DEFENDANT-APPELLANT.

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge.

Per curiam.

2012 Unpublished Opinion No. 517

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified consecutive sentence of ten years years, with a minimum period of confinement of zero years, for felony driving a vehicle while under the influence, affirmed.

Before GRATTON, Chief Judge; GUTIERREZ, Judge; and MELANSON, Judge

Jay Morris Burnet pled guilty to felony driving a vehicle while under the influence. Idaho Code §§ 18-8004, 18-8005. The district court sentenced Burnet to a unified term of ten years, with a minimum period of confinement of zero years to run consecutively to the sentences in other cases. Burnet appeals asserting that the district court abused its discretion by imposing a consecutive sentence.

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, Burnet's judgment of conviction and consecutive sentence are affirmed.

20120619

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