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State of Idaho v. Robert Michael Adams

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


January 16, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
ROBERT MICHAEL ADAMS,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. David C. Nye, District Judge.

Per curiam.

2013 Unpublished Opinion No. 330

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Stephen W. Kenyon, Clerk

Judgments of conviction and concurrent unified sentences of seven years with minimum periods of confinement of three years, for grand theft by possession of stolen property, affirmed.

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

In these consolidated cases, Robert Michael Adams was convicted of two counts of grand theft by possession of stolen property, Idaho Code §§ 18-2403(4), 18-2407(1). The district court sentenced Adams to concurrent unified terms of seven years with minimum periods of confinement of three years and retained jurisdiction. Shortly thereafter, the district court relinquished jurisdiction and ordered execution of Adams' sentences. Adams appeals, contending that his sentences are 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, Adams' judgments of conviction and sentences are affirmed.

20130116

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