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State of Idaho v. Jody Lee Nelson

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


November 21, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JODY LEE NELSON,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Jefferson County. Hon. Gregory W. Moeller, District Judge.

Per curiam.

2012 Unpublished Opinion No. 731

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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT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 four years determinate, for assault with intent to commit a serious felony, affirmed.

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

Jody Lee Nelson pled guilty to assault with intent to commit a serious felony. Idaho Code § 18-909. The district court sentenced Nelson to a unified term of ten years, with four years determinate. Nelson appeals, contending 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, Nelson's judgment of conviction and sentence are affirmed.

20121121

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