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State of Idaho v. Brandon Wayne Long

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


July 3, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
BRANDON WAYNE LONG,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Michael E. Wetherell, District Judge.

Per curiam.

2012 Unpublished Opinion No. 548

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of two years for burglary, and concurrent unified sentence of five years with a minimum period of confinement of two and one-half years for attempted burglary, affirmed.

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

Brandon Wayne Long entered an Alford*fn1 plea to one count of burglary, Idaho Code § 18- 1401, and one count of attempted burglary, Idaho Code §§ 13-1401, 18-306. The district court sentenced Long to a unified term of ten years, with a minimum period of confinement of two years for burglary, and a concurrent unified sentence of five years with a minimum period of confinement of two and one-half years for attempted burglary. Long appeals asserting that the district court abused its discretion by imposing excessive sentences.

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, Long's judgment of conviction and sentences are affirmed.


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