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State of Idaho v. Julian Hernandez

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


November 21, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
JULIAN HERNANDEZ, AKA JULIAN GARCIA HERNANDEZ,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Michael R. McLaughlin, District Judge.

Per curiam.

2012 Unpublished Opinion No. 727

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Stephen W. Kenyon, Clerk

Judgment of conviction and unified sentence of thirty years, with a minimum period of confinement of ten yeras, for trafficking in methamphetamine, affirmed.

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

Julian Hernandez was convicted of trafficking in methamphetamine, Idaho Code §§ 37- 2732B(a)(4), 18-204. The district court sentenced Hernandez to a unified term of thirty years, with a minimum period of confinement of ten years. Hernandez 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, Hernandez's judgment of conviction and sentence are affirmed.

20121121

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