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State of Idaho v. Daren Christopher Abbey

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


February 6, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
DAREN CHRISTOPHER ABBEY,
DEFENDANT-APPELLANT.

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Benjamin Ray Simpson, District Judge.

Per curiam.

2013 Unpublished Opinion No. 351

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of five years, with thee years determinate, for malicious harassment, affirmed.

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

Daren Christopher Abbey pled guilty to malicious harassment. Idaho Code § 18-7902. The district court sentenced Abbey to a unified term of five years, with three years determinate, and retained jurisdiction. Abbey 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, Abbey's judgment of conviction and sentence are affirmed.

20130206

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