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State of Idaho v. Austin Byron Courser

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


June 21, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
AUSTIN BYRON COURSER,
DEFENDANT-APPELLANT.

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.

Per curiam.

Stephen W. Kenyon, Clerk

2012 Unpublished Opinion No. 529

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for sexual abuse of a child under the age of sixteen years, affirmed.

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

Austin Byron Courser pled guilty to sexual abuse of a child under the age of sixteen years. Idaho Code § 18-1506. The district court sentenced Courser to a unified term of fifteen years, with five years determinate. Courser 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, Courser's judgment of conviction and sentence are affirmed.

20120621

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