July 12, 2012
STATE OF IDAHO,
AL MARTIN BRONCHO,
Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.
2012 Unpublished Opinion No. 552
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THIS IS AN UNPUBLISHED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 five years determinate, for felony driving under the influence, affirmed.
Before GRATTON, Chief Judge; GUTIERREZ, Judge; and MELANSON, Judge
Al Martin Broncho pled guilty to felony driving under the influence. Idaho Code §§ 18-8004(1)(a), 18-8005(9). The district court sentenced Broncho to a unified term of ten years, with five years determinate. Broncho filed an Idaho Criminal Rule 35 motion for reduction of sentence, which the district court denied. Broncho appeals, contending 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, Broncho's judgment of conviction and sentence are affirmed.
© 1992-2012 VersusLaw Inc.