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State of Idaho v. Steven Howard Grochowski

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


September 6, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
STEVEN HOWARD GROCHOWSKI,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Timothy Hansen, District Judge.

Per curiam.

2012 Unpublished Opinion No. 627

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of five years, with a minimum period of confinement of four years, for malicious harassment, affirmed.

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

Steven Howard Grochowski was convicted of malicious harassment, Idaho Code § 18- 7902. The district court sentenced Grochowski to a unified term of five years with a minimum period of confinement of four years. Grochowski appeals, contending that 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, Grochowski's judgment of conviction and sentence are affirmed.

20120906

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