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State of Idaho v. Daryl Craig Mallory

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


October 10, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
DARYL CRAIG MALLORY,
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2012 Unpublished Opinion No. 665

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 three years for felony malicious injury to property, affirmed.

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

Daryl Craig Mallory was convicted of felony malicious injury to property, Idaho Code § 18-7001(2). The district court sentenced Mallory to a unified term of five years with a minimum period of confinement of three years. Mallory 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, Mallory's judgment of conviction and sentence are affirmed.

20121010

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