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State of Idaho v. Stephen Paul Wilson

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


January 23, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
STEPHEN PAUL WILSON,
DEFENDANT-APPELLANT

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.

Per curiam.

Stephen W. Kenyon, Clerk

2013 Unpublished Opinion No. 338

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of ten years with a minimum period of confinement of four years for felony domestic violence and consecutive indeterminate five-year sentence for aggravated assault, affirmed.

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

Stephen Paul Wilson was convicted of felony domestic violence, Idaho Code §§ 18- 918(2), 18-903(a); and aggravated assault, I.C. § 18-901(a). The district court imposed a unified sentence of ten years with a minimum period of confinement of four years for domestic violence and a consecutive indeterminate sentence of five years for assault. Wilson 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, Wilson's judgment of conviction and sentences are affirmed.

20130123

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