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State of Idaho v. Jeramie Warren Leimbach

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


August 24, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JERAMIE WARREN LEIMBACH,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.

Per curiam.

2012 Unpublished Opinion No. 602

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 five years, for failure to register as a sex offender, affirmed.

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

Jeramie Warren Leimbach pled guilty to failure to register as a sex offender. I.C. § 18- 8304(1) (c); I.C. § 18-8307(1) and (7); I. C. § 18-8309(1) and (2); and I. C. § 18-8311. The district court sentenced Leimbach to a unified term of ten years, with a minimum period of confinement of five years. Leimbach filed an I.C.R. 35 motion for reduction of his sentence, which the district court denied. Leimbach appeals, arguing 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, Leimbach's judgment of conviction and sentence are affirmed.

20120824

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