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State of Idaho v. Brian Howard Greenwell

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


December 31, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
BRIAN HOWARD GREENWELL,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge.

Per curiam.

2012 Unpublished Opinion No. 781

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Stephen W. Kenyon, Clerk

Judgment of conviction and concurrent unified sentences of twelve years, with a minimum period of confinement of three years, for two counts of sexual abuse of a minor child under the age of sixteen years, affirmed.

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

Brian Howard Greenwell pled guilty to two counts of sexual abuse of a minor child under the age of sixteen years. Idaho Code § 18-1506. The district court sentenced Greenwell to concurrent unified terms of twelve years, with minimum periods of confinement of three years. Greenwell appeals asserting that the district court abused its discretion by imposing excessive sentences.

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, Greenwell's judgment of conviction and sentences are affirmed.

20121231

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