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State of Idaho v. Carma Winn Barney

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


August 27, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
CARMA WINN BARNEY,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Robert C. Naftz, District Judge.

Per curiam.

2012 Unpublished Opinion No.608

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) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY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 three years, for burglary, affirmed.

Before LANSING, Judge; GUTIERREZ, Judge; and MELANSON, Judge

Carma Winn Barney was convicted of burglary, Idaho Code §§ 18-1401, 18-204. The district court sentenced Barney to a unified term of ten years, with a minimum period of confinement of three years, to run concurrently with a sentence in a separate case. Barney appeals, contending that her 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, Barney's judgment of conviction and sentence are affirmed.

20120827

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