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State of Idaho v. Daryl James Hollingsworth

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


October 12, 2012

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
DARYL JAMES HOLLINGSWORTH, DEFENDANT-APPELLANT.

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.

Per curiam.

2012 Unpublished Opinion No. 672

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order relinquishing jurisdiction and requiring execution of unified five-year sentence, with one and one-half years determinate, without modification, for aggravated assault, affirmed.

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

Daryl James Hollingsworth pled guilty to aggravated assault. Idaho Code §§ 18-901, 18-905. The district court sentenced Hollingsworth to a unified term of five years, with one and one-half years determinate, and retained jurisdiction. At the conclusion of the period of retained jurisdiction, the district court relinquished jurisdiction upon the recommendation of the jurisdictional review committee. Hollingsworth appeals, contending the district court abused its discretion by relinquishing jurisdiction and failing to sua sponte reduce his sentence.

We note that the decision to place a defendant on probation or whether, instead, to relinquish jurisdiction over the defendant is a matter within the sound discretion of the district court and will not be overturned on appeal absent an abuse of that discretion. State v. Hood, 102 Idaho 711, 712, 639 P.2d 9, 10 (1981); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596-97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate.

Sentencing is also a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of a 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); Toohill, 103 Idaho at 568, 650 P.2d at 710. 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.

Accordingly, the order relinquishing jurisdiction and requiring execution of Hollingsworth's original sentence, without modification, is affirmed.

20121012

© 1992-2012 VersusLaw Inc.



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