February 12, 2013
STATE OF IDAHO,
ALLEN LYNN BERRY,
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Timothy L. Hansen, District Judge.
2013 Unpublished Opinion No. 352
Stephen W. Kenyon, Clerk
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT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 burglary and concurrent unified term of five years, with a minimum period of confinement of three years, for unlawful possession of a firearm, affirmed.
Before LANSING, Judge; GRATTON, Judge; and MELANSON, Judge
Allen Lynn Berry pled guilty to burglary, I.C. § 18-1401, and unlawful possession of a firearm, I.C. § 18-3316. In exchange for his guilty pleas, additional charges were dismissed and the state agreed not to pursue an allegation that Berry was a persistent violator. The district court sentenced Berry to a unified term of ten years, with a minimum period of confinement of four years, and a concurrent unified term of five years, with a minimum period of confinement of three years, for unlawful possession of a firearm.*fn1 Berry filed an I.C.R. 35 motion for reduction of his sentences, which the district court denied. Berry appeals.
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, Berry's judgment of conviction and sentence are affirmed.